Horn Linie GmbH & Co v Panamericana Formas E Impresos SA & Anor

Horn Linie GmbH & Co v Panamericana Formas E Impresos SA & Anor

The Defendants, through their agents, expressly and effectively agreed to the choice of English law and jurisdiction in the bill of lading. There is no good reason to displace this agreement. The Colombian proceedings, though nominally against Maritrans, are in substance an attempt to circumvent the exclusive jurisdiction clause. The English court is the proper and convenient forum, and an anti-suit injunction is appropriate to uphold the parties’ contractual bargain.

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 Contract Dispute / Judgment on Jurisdiction Challenge and Anti Suit Injunction Application
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
Private International Law Commercial Law Shipping Law Jurisdiction Clauses Anti Suit Injunctions Choice of Law Carriage of Goods by Sea Hague Visby Rules

Case Brief

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 Contract Dispute / Judgment on Jurisdiction Challenge and Anti Suit Injunction Application

Legal Issues

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

Ratio Decidendi

The Defendants, through their agents, expressly and effectively agreed to the choice of English law and jurisdiction in the bill of lading. There is no good reason to displace this agreement. The Colombian proceedings, though nominally against Maritrans, are in substance an attempt to circumvent the exclusive jurisdiction clause. The English court is the proper and convenient forum, and an anti-suit injunction is appropriate to uphold the parties’ contractual bargain.

Court Disposition

Jurisdiction challenge dismissed; anti-suit injunction granted

Orders

  • Defendants’ challenge to English jurisdiction dismissed
  • Anti-suit injunction granted restraining Defendants from pursuing Colombian proceedings