Durbeck GmbH v Den Norske Bank ASA

Durbeck GmbH v Den Norske Bank ASA

The dispute arose out of the activities of the defendant's London branch, satisfying Article 5(5) of the Lugano Convention, and thus the English court had jurisdiction. However, the court upheld the stay of proceedings in favour of Panama as the more appropriate forum, in line with binding authority.

Parties
Claimant/appellant: Durbeck GmbH; Defendant/respondent: Den Norske Bank ASA
Jurisdiction
England and Wales
Judgment Date
03 February 2003
Procedural Posture
Civil Appeal (commercial/tort) / Appeal From High Court (commercial Court Division) to Court of Appeal
Outcome
Appeal allowed; proceedings stayed in favour of Panama; leave to appeal to the House of Lords granted.
Legal Topics
Jurisdiction Under Lugano Convention, Forum Non Conveniens, Tortious Interference With Contract, Branch Operations and Jurisdiction
Private International Law Civil Procedure Commercial Law Jurisdiction Under Lugano Convention Forum Non Conveniens Tortious Interference With Contract Branch Operations and Jurisdiction

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Parties

Durbeck GmbH

Claimant/appellant

Den Norske Bank ASA

Defendant/respondent

Procedural Posture

Civil Appeal (commercial/tort) / Appeal From High Court (commercial Court Division) to Court of Appeal

Legal Issues

  1. 1 Whether Article 5(5) of the 1988 Lugano Convention confers jurisdiction on the English court over a tort claim arising from the operations of a branch
  2. 2 Whether, if jurisdiction exists under Article 5(5), the English court has power to stay proceedings on forum non conveniens grounds

Ratio Decidendi

The dispute arose out of the activities of the defendant's London branch, satisfying Article 5(5) of the Lugano Convention, and thus the English court had jurisdiction. However, the court upheld the stay of proceedings in favour of Panama as the more appropriate forum, in line with binding authority.

Court Disposition

Appeal allowed; proceedings stayed in favour of Panama; leave to appeal to the House of Lords granted.

Orders

  • Order of the High Court set aside and replaced with an order staying the action in favour of Panama.
  • Costs awarded to the appellant.