reliance insurance company t ltd vs cma cgm societe anoyme and another 2023 tzca 205 27 april 2023
The High Court should enforce the parties' choice of forum clause in the Bill of Lading; Tanzanian courts have jurisdiction but must stay proceedings pending litigation in the chosen forum; Hamburg Rules are not directly applicable as they are not domesticated; filing a written statement of defence does not waive the forum exclusion clause in non-arbitration matters.
Source excerpt
- Jurisdiction
- Choice of forum
- Bill of lading
- Ratification and domestication of international conventions
- Sanctity of contract