Articles
Publicado 2006-09-27
Palabras clave
- private international law,
- exclusive jurisdiction clause,
- jurisdiction,
- bills of lading,
- Marine Liability Act 2001 (SC)
- Hamburg Rules,
- stay of proceedings,
- anti-suit injunction,
- forum non conveniens,
- Carriage of Goods by Sea Act 1991 (Cth),
- foreign jurisdiction clause ...Más
Resumen
In this paper, Farnsworth discusses the case OT Africa Line Ltd v Magic Sportswear Corp, which involved litigation in Canada and England and the issue of exclusive jurisdiction clauses. Farnsworth describes the facts of the case, the jurisdiction issue, the ensuing litigation, and the decision of the Canadian Court of Appeal, before concluding with some of his own commentary.