Ferguson Shipbuilders Ltd v Voith Hydro GMBH & Co & Ors [1999] ScotCS 223 (23 September 1999)

Ferguson Shipbuilders Ltd v Voith Hydro GMBH & Co & Ors [1999] ScotCS 223 (23 September 1999)

The Court found, on the evidence, that a contract was concluded in Scotland at the meeting on 13 October 1994 between Ferguson and Voith for the supply of propeller systems, that the essential terms were agreed, and that the place of performance of the relevant obligations was Scotland. Accordingly, the Scottish Court of Session has jurisdiction under Article 5(1) of the Brussels Convention. Scots law is the applicable law of the contract.

Citation
[1999] ScotCS 223
Parties
Pursuer: Ferguson Shipbuilders Limited; Defender: Voith Hydro GmbH & Co KG and others
Jurisdiction
Scotland
Judgment Date
23 September 1999
Procedural Posture
Commercial Contract Dispute / Preliminary Proof on Jurisdiction
Outcome
Court holds it has jurisdiction; preliminary proof resolved in favour of Ferguson.
Legal Topics
Jurisdiction Under Brussels Convention, Applicable Law Under Rome Convention, Formation of Contract, Battle of the Forms, Interpretation of Contractual Negotiations
Private International Law Commercial Law Contract Law Jurisdiction Under Brussels Convention Applicable Law Under Rome Convention Formation of Contract Battle of the Forms Interpretation of Contractual Negotiations

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Parties

Ferguson Shipbuilders Limited

Pursuer

Voith Hydro GmbH & Co KG and others

Defender

Procedural Posture

Commercial Contract Dispute / Preliminary Proof on Jurisdiction

Legal Issues

  1. 1 Whether the Scottish Court of Session has jurisdiction under Article 5(1) of the Brussels Convention
  2. 2 Whether a contract was concluded in Scotland between Ferguson and Voith
  3. 3 What law governs the contract under the Rome Convention and Contracts (Applicable Law) Act 1990

Ratio Decidendi

The Court found, on the evidence, that a contract was concluded in Scotland at the meeting on 13 October 1994 between Ferguson and Voith for the supply of propeller systems, that the essential terms were agreed, and that the place of performance of the relevant obligations was Scotland. Accordingly, the Scottish Court of Session has jurisdiction under Article 5(1) of the Brussels Convention. Scots law is the applicable law of the contract.

Court Disposition

Court holds it has jurisdiction; preliminary proof resolved in favour of Ferguson.

Orders

  • Preliminary proof determined that Scottish Court of Session has jurisdiction under Article 5(1) of the Brussels Convention.
  • Case to proceed on merits.