The effect of an agreement prorogating a foreign jurisdiction is to confer on the English court a discretion to stay the English proceedings.
Judges:
Lord Bingham
Citations:
[1958] 1 WLR 159
Citing:
Appeal from (Approved) – 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.’ . .
Cited by:
Cited – OT 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.228198