Horn Linie GmbH & Co v Panamericana Formas E Impresos SA & Anor [2006] EWHC 373 (Comm) (06 March 2006)

Horn Linie GmbH & Co v Panamericana Formas E Impresos SA & Anor [2006] EWHC 373 (Comm) (06 March 2006)

The Defendants, through their agents, expressly and effectively agreed to the choice of English law and the exclusive jurisdiction of the English courts as set out in the bill of lading. There is no good reason to disregard the parties' contractual bargain, and the Colombian proceedings are in breach of the...

Source-derived case information.

Citation
[2006] EWHC 373 (Comm)
Parties
Claimant: HORN LINIE GmbH & Co.; First Defendant: PANAMERICANA FORMAS E IMPRESOS S. A.; Second Defendant: ACE SEGUROS S. A.
Jurisdiction
England and Wales
Judgment Date
06 March 2006
Procedural Posture
Commercial Court Jurisdiction Challenge and Anti Suit Injunction / Judgment on Jurisdiction and Anti Suit Injunction Applications
Outcome
Jurisdiction challenge dismissed; anti-suit injunction granted
Legal Topics
Jurisdiction Clauses, Anti Suit Injunctions, Choice of Law, Carriage of Goods by Sea, Hague Visby Rules, Forum Non Conveniens
Private International Law Shipping Law Contract Law Jurisdiction Clauses Anti Suit Injunctions Choice of Law Carriage of Goods by Sea Hague Visby Rules +1 more

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Summary, issues, holding and outcome

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Parties

HORN LINIE GmbH & Co.

Claimant

PANAMERICANA FORMAS E IMPRESOS S. A.

First Defendant

ACE SEGUROS S. A.

Second Defendant

Procedural Posture

Commercial Court Jurisdiction Challenge and Anti Suit Injunction / Judgment on Jurisdiction and Anti Suit Injunction Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction under the bill of lading's exclusive jurisdiction clause
  2. 2 Whether the anti-suit injunction should be granted to restrain Colombian proceedings
  3. 3 Whether the choice of English law and forum is valid and enforceable given Colombian law and public policy

Ratio Decidendi

The Defendants, through their agents, expressly and effectively agreed to the choice of English law and the exclusive jurisdiction of the English courts as set out in the bill of lading. There is no good reason to disregard the parties' contractual bargain, and the Colombian proceedings are in breach of the exclusive jurisdiction clause. The English court is the appropriate forum, and an anti-suit injunction is justified to uphold the parties' agreement and prevent parallel proceedings.

Court Disposition

Jurisdiction challenge dismissed; anti-suit injunction granted

Orders

  • Anti-suit injunction granted restraining the Defendants from pursuing Colombian proceedings in breach of the exclusive English jurisdiction clause.
  • ACE Seguros S.A. to be joined as a necessary and proper party.