Astilleros Zamakona SA v. Mackinnons [2002] ScotCS 343 (26 August 2002)

Astilleros Zamakona SA v. Mackinnons [2002] ScotCS 343 (26 August 2002)

The personal obligations undertaken by the defenders in the second letter of 15 February 2001 are an integral part of a further agreement between the original parties to the shipbuilding contract, falling within Article 19 and thus subject to the prorogation clause in Article 15(a), which confers exclusive jurisdiction on the High Court of Justice in London. There is no lack of consensus as to the application of the jurisdiction clause to this dispute.

Citation
[2002] ScotCS 343
Parties
Pursuer: Astilleros Zamakona SA; Defender: Mackinnons
Jurisdiction
Scotland
Judgment Date
26 August 2002
Procedural Posture
Civil (commercial Contract Dispute) / Jurisdictional Challenge (debate on Relevancy of Plea of No Jurisdiction)
Outcome
Action dismissed for lack of jurisdiction.
Legal Topics
Jurisdiction Clauses, Prorogation of Jurisdiction, Contractual Obligations of Solicitors, Interpretation of Addenda, Brussels Convention Jurisprudence
Contract Law Civil Procedure Private International Law Jurisdiction Clauses Prorogation of Jurisdiction Contractual Obligations of Solicitors Interpretation of Addenda Brussels Convention Jurisprudence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Astilleros Zamakona SA

Pursuer

Mackinnons

Defender

Procedural Posture

Civil (commercial Contract Dispute) / Jurisdictional Challenge (debate on Relevancy of Plea of No Jurisdiction)

Legal Issues

  1. 1 Whether the Scottish Court of Session has jurisdiction over the action given the prorogation clause in the shipbuilding contract
  2. 2 Whether the obligations undertaken by the defenders in the second letter of 15 February 2001 are part of the shipbuilding contract and thus subject to the jurisdiction clause

Ratio Decidendi

The personal obligations undertaken by the defenders in the second letter of 15 February 2001 are an integral part of a further agreement between the original parties to the shipbuilding contract, falling within Article 19 and thus subject to the prorogation clause in Article 15(a), which confers exclusive jurisdiction on the High Court of Justice in London. There is no lack of consensus as to the application of the jurisdiction clause to this dispute.

Court Disposition

Action dismissed for lack of jurisdiction.

Orders

  • Pursuers' first plea-in-law (to relevancy of defenders' averments) repelled
  • Defenders' first plea-in-law (no jurisdiction) sustained