Marconi Communications International Ltd. v PT Pan Indonesia Bank Ltd. TBK

Marconi Communications International Ltd. v PT Pan Indonesia Bank Ltd. TBK

There is a good arguable case that the contract between Marconi and Panin Bank is governed by English law due to the closeness of connection with England, including negotiation and payment contemplated in London. The grounds for service out of jurisdiction and alternative service are sufficiently established given...

Source-derived case information.

Parties
Claimant: Marconi Communications International Limited; Defendant: PT Pan Indonesia Bank Limited Tbk
Jurisdiction
England and Wales
Judgment Date
04 February 2004
Procedural Posture
Commercial Contract Dispute / Application to Set Aside Service and Challenge Jurisdiction
Outcome
Application to set aside service and challenge jurisdiction dismissed; permission for alternative service granted.
Legal Topics
Letters of Credit, Jurisdiction, Governing Law, Service Out of Jurisdiction, Alternative Service
Commercial Law Conflict of Laws Banking Law Letters of Credit Jurisdiction Governing Law Service Out of Jurisdiction Alternative Service

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Summary, issues, holding and outcome

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Parties

Marconi Communications International Limited

Claimant

PT Pan Indonesia Bank Limited Tbk

Defendant

Procedural Posture

Commercial Contract Dispute / Application to Set Aside Service and Challenge Jurisdiction

Legal Issues

  1. 1 Whether English courts have jurisdiction over Panin Bank
  2. 2 What is the governing law of the contract between Marconi and Panin Bank
  3. 3 Whether service out of jurisdiction and alternative service were proper

Ratio Decidendi

There is a good arguable case that the contract between Marconi and Panin Bank is governed by English law due to the closeness of connection with England, including negotiation and payment contemplated in London. The grounds for service out of jurisdiction and alternative service are sufficiently established given the delay and inconvenience of Indonesian proceedings.

Court Disposition

Application to set aside service and challenge jurisdiction dismissed; permission for alternative service granted.

Orders

  • English court retains jurisdiction over Panin Bank.
  • Alternative service on Messrs Thomas Cooper and Stibbard permitted.