Star Reefers Pool Inc v JFC Group Ltd [2011] EWHC 339 (Comm) (11 February 2011)

Star Reefers Pool Inc v JFC Group Ltd [2011] EWHC 339 (Comm) (11 February 2011)

The parties' choice of English law as the proper law of the guarantees is demonstrated with reasonable certainty by the close connection between the guarantees and the charterparties, the involvement of the defendant in the charterparties, and the circumstances of the case. England is the appropriate forum for the dispute.

Citation
[2011] EWHC 339 (Comm)
Parties
Claimant: Star Reefers Pool Inc; Defendant: JFC Group Ltd
Jurisdiction
England and Wales
Judgment Date
11 February 2011
Procedural Posture
Commercial Court Application (jurisdiction Challenge) / Application to Contest Jurisdiction and Set Aside Service Out of Jurisdiction
Outcome
Application dismissed
Legal Topics
Jurisdiction, Choice of Law, Guarantees, Service Out of Jurisdiction, Forum Non Conveniens
Private International Law Commercial Law Jurisdiction Choice of Law Guarantees Service Out of Jurisdiction Forum Non Conveniens

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Parties

Star Reefers Pool Inc

Claimant

JFC Group Ltd

Defendant

Procedural Posture

Commercial Court Application (jurisdiction Challenge) / Application to Contest Jurisdiction and Set Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction over the claim under CPR Part 11.1
  2. 2 Whether the guarantees are governed by English law under the Rome Convention
  3. 3 Whether England is the appropriate forum for the dispute

Ratio Decidendi

The parties' choice of English law as the proper law of the guarantees is demonstrated with reasonable certainty by the close connection between the guarantees and the charterparties, the involvement of the defendant in the charterparties, and the circumstances of the case. England is the appropriate forum for the dispute.

Court Disposition

Application dismissed

Orders

  • The application by the defendant to set aside service out of the jurisdiction is dismissed.