Oceanfix International Ltd v. Agip Kazakhstan North Caspian Operating Company Nv [2009] ScotSC 9 (03 April 2009)

Oceanfix International Ltd v. Agip Kazakhstan North Caspian Operating Company Nv [2009] ScotSC 9 (03 April 2009)

Once a United Kingdom court is properly seized of jurisdiction over a national of a Member State under Article 5 of Regulation No. 44/2001, it is not open to it to decline to exercise that jurisdiction on the ground that a court of a non-Member State would be a more appropriate forum for the trial of the action. The doctrine of forum non conveniens is not available in such circumstances, as to allow it would undermine the principle of legal certainty and the uniform application of jurisdictional rules under the Regulation.

Citation
[2009] ScotSC 9
Parties
Pursuer: Oceanfix International Limited; Defender: Agip Kazakhstan North Caspian Operating Company NV
Jurisdiction
Scotland
Judgment Date
03 April 2009
Procedural Posture
Commercial Contract Dispute / Interlocutory Decision on Forum Non Conveniens Plea
Outcome
Defender's first plea in law repelled; Scottish court retains jurisdiction.
Legal Topics
Jurisdiction, Forum Non Conveniens, Contractual Interpretation, Withholding Tax, Enforcement of Foreign Judgments
Private International Law Commercial Law Civil Procedure Jurisdiction Forum Non Conveniens Contractual Interpretation Withholding Tax Enforcement of Foreign Judgments

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Parties

Oceanfix International Limited

Pursuer

Agip Kazakhstan North Caspian Operating Company NV

Defender

Procedural Posture

Commercial Contract Dispute / Interlocutory Decision on Forum Non Conveniens Plea

Legal Issues

  1. 1 Whether the Scottish court can decline jurisdiction in favour of Kazakhstan courts under forum non conveniens where jurisdiction is founded on Article 5(1) of Council Regulation (EC) No. 44/2001
  2. 2 Whether the doctrine of forum non conveniens is available under Regulation No. 44 in cases not based on Article 2 jurisdiction
  3. 3 Whether the contract and circumstances justify declining jurisdiction in favour of Kazakhstan

Ratio Decidendi

Once a United Kingdom court is properly seized of jurisdiction over a national of a Member State under Article 5 of Regulation No. 44/2001, it is not open to it to decline to exercise that jurisdiction on the ground that a court of a non-Member State would be a more appropriate forum for the trial of the action. The doctrine of forum non conveniens is not available in such circumstances, as to allow it would undermine the principle of legal certainty and the uniform application of jurisdictional rules under the Regulation.

Court Disposition

Defender's first plea in law repelled; Scottish court retains jurisdiction.

Orders

  • Repels the defenders' first plea in law.
  • Appoints parties to be heard on further procedure in terms of Rule 40.14 of the Ordinary Cause Rules.