Africa Express Line Ltd ("Ael") v Socofi SA ("Socofi") & Anor

Africa Express Line Ltd ("Ael") v Socofi SA ("Socofi") & Anor

The court held that the correspondence between AEL and Socofi did not clearly and precisely demonstrate consensus to incorporate the English jurisdiction clause from the AEL/DAM Agreement. The reference to 'the conditions of the contract of affreightment between AEL and DAM' was insufficient to incorporate ancillary provisions such as the jurisdiction clause, especially in the absence of express reference and given the commercial context. Therefore, the High Court of Justice in London did not have jurisdiction under Article 23 of Council Regulation No 44/2001.

Parties
Claimant: Africa Express Line Limited; First Defendant: Socofi S.A.; Second Defendant: Plantations Dam S.A.
Jurisdiction
England and Wales
Judgment Date
11 December 2009
Procedural Posture
Commercial Contractual Dispute / Application for Declaration on Jurisdiction
Outcome
Declaration granted in favour of Socofi; English court has no jurisdiction.
Legal Topics
Jurisdiction Clauses, Incorporation of Terms, International Carriage of Goods, Interpretation of Contracts
Commercial Law Conflict of Laws Contract Law Jurisdiction Clauses Incorporation of Terms International Carriage of Goods Interpretation of Contracts

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Parties

Africa Express Line Limited

Claimant

Socofi S.A.

First Defendant

Plantations Dam S.A.

Second Defendant

Procedural Posture

Commercial Contractual Dispute / Application for Declaration on Jurisdiction

Legal Issues

  1. 1 Whether the English jurisdiction clause in the AEL/DAM Agreement was incorporated into the contract between AEL and Socofi
  2. 2 Whether the High Court of Justice in London has jurisdiction under Article 23 of Council Regulation No 44/2001

Ratio Decidendi

The court held that the correspondence between AEL and Socofi did not clearly and precisely demonstrate consensus to incorporate the English jurisdiction clause from the AEL/DAM Agreement. The reference to 'the conditions of the contract of affreightment between AEL and DAM' was insufficient to incorporate ancillary provisions such as the jurisdiction clause, especially in the absence of express reference and given the commercial context. Therefore, the High Court of Justice in London did not have jurisdiction under Article 23 of Council Regulation No 44/2001.

Court Disposition

Declaration granted in favour of Socofi; English court has no jurisdiction.

Orders

  • Declaration that the court has no jurisdiction to hear the claimant’s claim against Socofi based on the alleged jurisdiction clause.