889457 Alberta Inc v Katanga Mining Ltd & Ors

889457 Alberta Inc v Katanga Mining Ltd & Ors

Katanga Mining Limited has its central administration in London, making it domiciled in England for purposes of Article 60 of the Judgments Regulation. The English court therefore has mandatory jurisdiction and cannot decline to exercise it on forum non conveniens grounds. The DRC is not an available or appropriate forum due to lack of infrastructure, risk of injustice, and personal safety concerns. Tain Holdings Limited and Wayland Management S. A. are necessary or proper parties, and Alberta is not bound by an exclusive jurisdiction clause requiring disputes to be tried in the DRC.

Parties
Claimant: 889457 Alberta Inc.; First Defendant: Katanga Mining Limited; Second Defendant: Tain Holdings Limited; Third Defendant: Wayland Management S. A.
Jurisdiction
England and Wales
Judgment Date
05 November 2008
Procedural Posture
Commercial Court Action / Ruling on Jurisdiction and Forum Non Conveniens Applications
Outcome
Applications by the Defendants to stay proceedings or set aside service dismissed.
Legal Topics
Jurisdiction, Forum Non Conveniens, Shareholder Disputes, Exclusive Jurisdiction Clauses, Corporate Administration
Civil Procedure Company Law Conflict of Laws Jurisdiction Forum Non Conveniens Shareholder Disputes Exclusive Jurisdiction Clauses Corporate Administration

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Parties

889457 Alberta Inc.

Claimant

Katanga Mining Limited

First Defendant

Tain Holdings Limited

Second Defendant

Wayland Management S. A.

Third Defendant

Procedural Posture

Commercial Court Action / Ruling on Jurisdiction and Forum Non Conveniens Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction over Katanga Mining Limited under Article 60 of Council Regulation (EC) No. 44/2001
  2. 2 Whether Tain Holdings Limited and Wayland Management S. A. are necessary or proper parties
  3. 3 Whether the Democratic Republic of Congo is an available and appropriate forum for the dispute

Ratio Decidendi

Katanga Mining Limited has its central administration in London, making it domiciled in England for purposes of Article 60 of the Judgments Regulation. The English court therefore has mandatory jurisdiction and cannot decline to exercise it on forum non conveniens grounds. The DRC is not an available or appropriate forum due to lack of infrastructure, risk of injustice, and personal safety concerns. Tain Holdings Limited and Wayland Management S. A. are necessary or proper parties, and Alberta is not bound by an exclusive jurisdiction clause requiring disputes to be tried in the DRC.

Court Disposition

Applications by the Defendants to stay proceedings or set aside service dismissed.

Orders

  • Proceedings to continue in the English court against all Defendants.
  • No stay granted on grounds of forum non conveniens.