Marodi Service di D. Mialich & C.s.a.s. v. Mikkal Myklesbusthaug Rederi AS [2002] ScotCS 111 (18th April, 2002)

Marodi Service di D. Mialich & C.s.a.s. v. Mikkal Myklesbusthaug Rederi AS [2002] ScotCS 111 (18th April, 2002)

The pursuers, having invoked the jurisdiction of the Scottish court and proceeded to the Closed Record stage, have waived any entitlement to seek a sist for proceedings elsewhere. The conventions require that the court first seised retains jurisdiction, and no compelling reason exists to displace the Scottish forum. The pursuers' motion to sist is refused.

Citation
[2002] ScotCS 111
Parties
Pursuer: Marodi Service di D. Mialich & C.s.a.s.; Defender: Mikkal Myklesbusthaug Rederi AS
Jurisdiction
Scotland
Procedural Posture
Action of Payment / Motion to Sist (stay) Pending Determination by Italian Courts
Outcome
Pursuers' motion to sist refused; proof before answer allowed.
Legal Topics
Jurisdiction, Forum Non Conveniens, Arrestment of Ships, Waiver of Forum, International Conventions
Private International Law Maritime Law Civil Procedure Jurisdiction Forum Non Conveniens Arrestment of Ships Waiver of Forum International Conventions

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Parties

Marodi Service di D. Mialich & C.s.a.s.

Pursuer

Mikkal Myklesbusthaug Rederi AS

Defender

Procedural Posture

Action of Payment / Motion to Sist (stay) Pending Determination by Italian Courts

Legal Issues

  1. 1 Whether the Scottish court should sist (stay) the action to allow determination by Italian courts
  2. 2 Whether the pursuers, having invoked Scottish jurisdiction, can seek to have the case heard elsewhere
  3. 3 Whether the conventions (Brussels, Lugano, Rome) permit or require a sist in these circumstances

Ratio Decidendi

The pursuers, having invoked the jurisdiction of the Scottish court and proceeded to the Closed Record stage, have waived any entitlement to seek a sist for proceedings elsewhere. The conventions require that the court first seised retains jurisdiction, and no compelling reason exists to displace the Scottish forum. The pursuers' motion to sist is refused.

Court Disposition

Pursuers' motion to sist refused; proof before answer allowed.

Orders

  • Repel pursuers' first plea-in-law
  • Sustain defenders' first plea-in-law