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The Fehmarn: 1957

Willmer J said: ‘Clearly it requires a strong case to satisfy the court that the agreement [an express agreement to submit to a foreign tribunal] should be overridden.’

Judges:

Wilmer J, Denning LJ

Citations:

[1957] 1 WLR 815, [1957] 2 Lloyd’s Rep 551, [1957] 2 All ER 707

Cited by:

Appeal from (Approved)The Fehmarn 1958
The effect of an agreement prorogating a foreign jurisdiction is to confer on the English court a discretion to stay the English proceedings. . .
CitedOT Africa Line Ltd v Magic Sportswear Corporation and others CA 13-Jun-2005
The parties to a contract had agreed that the proper law for the contract was England. One party commenced proceedings in Canada, and the courts of Canada had accepted jurisdiction as the most appropriate and convenient forum to resolve the dispute. . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction

Updated: 30 April 2022; Ref: scu.228199

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