23 Sept 1997
T & K ELECTRONICS LTD v. THE TAI PING INSURANCE CO LTD
- Citation
- T & K ELECTRONICS LTD v. THE TAI PING INSURANCE CO LTD
- Court
- Court of First Instance
- Case number
- HCCL61/1997
The clause "This insurance is subject to English Jurisdiction" is not an exclusive jurisdiction clause on the facts; it is properly construed as permissive/a contractual acknowledgement of English jurisdiction. Consequently the defendant's application for a stay based on exclusivity fails. A non-exclusive jurisdiction clause is a factor in a Spiliada analysis but does not shift the legal burden to the plaintiff; the defendant seeking a stay must still persuade the court that England is clearly more appropriate.