Fr. Lürssen Werft GmbH & Co Kg v Halle [2009] EWHC 2607 (Comm) (29 October 2009)

Fr. Lürssen Werft GmbH & Co Kg v Halle [2009] EWHC 2607 (Comm) (29 October 2009)

The Commission Agreement is governed by English law, as demonstrated by the parties' prior course of dealing and express choices in related contracts. There are serious issues to be tried, and England is clearly the most appropriate forum for the dispute. The Defendant's application to challenge jurisdiction is refused.

Citation
[2009] EWHC 2607 (Comm)
Parties
Claimant (respondent): FR. Lürssen Werft GmbH & Co KG; Defendant (applicant): Warren E. Halle
Jurisdiction
England and Wales
Judgment Date
29 October 2009
Procedural Posture
Commercial Contract Dispute / Application to Challenge Jurisdiction (cpr Part 11)
Outcome
Defendant's application refused
Legal Topics
Jurisdiction, Choice of Law, Forum Conveniens, Service Out of Jurisdiction, Commission Agreements
Private International Law Commercial Law Jurisdiction Choice of Law Forum Conveniens Service Out of Jurisdiction Commission Agreements

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Parties

FR. Lürssen Werft GmbH & Co KG

Claimant (respondent)

Warren E. Halle

Defendant (applicant)

Procedural Posture

Commercial Contract Dispute / Application to Challenge Jurisdiction (cpr Part 11)

Legal Issues

  1. 1 Whether the Commission Agreement is governed by English law
  2. 2 Whether there is a serious issue to be tried
  3. 3 Whether England is the forum conveniens

Ratio Decidendi

The Commission Agreement is governed by English law, as demonstrated by the parties' prior course of dealing and express choices in related contracts. There are serious issues to be tried, and England is clearly the most appropriate forum for the dispute. The Defendant's application to challenge jurisdiction is refused.

Court Disposition

Defendant's application refused

Orders

  • Jurisdiction of the English court upheld
  • Permission to serve out of the jurisdiction stands