Star Reefers Pool Inc v JFC Group Ltd
The court found that the parties' choice of English law as the proper law of the guarantees was demonstrated with reasonable certainty under Article 3 of the Rome Convention, given the close connection between the charterparties and the guarantees and the involvement of the defendant. England was held to be the appropriate forum for the dispute.
- Parties
- Claimant: Star Reefers Pool Inc; Defendant: JFC Group Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 11 February 2011
- Procedural Posture
- Commercial / Application to Contest Jurisdiction and Set Aside Service Out of Jurisdiction
- Outcome
- Application dismissed
- Legal Topics
- Jurisdiction, Choice of Law, Guarantees, Anti Suit Injunctions
Case Brief
Summary, issues, holding and outcome
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Parties
Star Reefers Pool Inc
Claimant
JFC Group Ltd
Defendant
Procedural Posture
Commercial / Application to Contest Jurisdiction and Set Aside Service Out of Jurisdiction
Legal Issues
- 1 Whether the English court has jurisdiction to try the action based on the proper law of the guarantees under the Rome Convention
- 2 Whether England is the appropriate forum for the dispute
Ratio Decidendi
The court found that the parties' choice of English law as the proper law of the guarantees was demonstrated with reasonable certainty under Article 3 of the Rome Convention, given the close connection between the charterparties and the guarantees and the involvement of the defendant. England was held to be the appropriate forum for the dispute.
Court Disposition
Application dismissed
Orders
- The application by the defendant to contest jurisdiction and set aside service out of jurisdiction is dismissed.
Full Case Text
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