Import Export Metro Ltd. & Anor v Compania Sud Americana De Vapores S.A.

Import Export Metro Ltd. & Anor v Compania Sud Americana De Vapores S.A.

The application to stay or set aside the English proceedings was dismissed because the parties had agreed to a non-exclusive English jurisdiction clause, and no strong reasons were shown to depart from that contractual bargain. The factors raised by CSAV were matters of convenience, foreseeable at the time of contracting, and did not engage the interests of justice to a degree sufficient to override the jurisdiction clause.

Parties
Claimant/respondent: Import Export Metro Ltd; Claimant/respondent: Metro Exports; Defendant/applicant: Compania Sud Americana De Vapores S. A.
Jurisdiction
England and Wales
Judgment Date
23 January 2003
Procedural Posture
Commercial Shipping Contract Dispute / Application to Set Aside Service Out of Jurisdiction and Stay Proceedings
Outcome
Application dismissed
Legal Topics
Jurisdiction Clauses, Forum Non Conveniens, Bills of Lading, Governing Law, Stay of Proceedings
Commercial Law Conflict of Laws Shipping Law Jurisdiction Clauses Forum Non Conveniens Bills of Lading Governing Law Stay of Proceedings

Case Brief

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Parties

Import Export Metro Ltd

Claimant/respondent

Metro Exports

Claimant/respondent

Compania Sud Americana De Vapores S. A.

Defendant/applicant

Procedural Posture

Commercial Shipping Contract Dispute / Application to Set Aside Service Out of Jurisdiction and Stay Proceedings

Legal Issues

  1. 1 Whether the English court should exercise jurisdiction in light of a non-exclusive English jurisdiction clause in the bills of lading
  2. 2 Whether there are strong reasons to depart from the parties' contractual choice of forum
  3. 3 Whether the interests of justice or convenience justify a stay in favour of Chilean arbitration

Ratio Decidendi

The application to stay or set aside the English proceedings was dismissed because the parties had agreed to a non-exclusive English jurisdiction clause, and no strong reasons were shown to depart from that contractual bargain. The factors raised by CSAV were matters of convenience, foreseeable at the time of contracting, and did not engage the interests of justice to a degree sufficient to override the jurisdiction clause.

Court Disposition

Application dismissed

Orders

  • The application by CSAV to set aside service out of jurisdiction and to stay the proceedings is dismissed.