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Enforcing English Jurisdiction Clauses in Bills of Lading

Yvonne Baatz

(2006) 18 SAcLJ 727

This article considers the differences of approach to exclusive court jurisdiction agreements in a bill of lading of the EC Regulation No 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters and the English common law rules. The situation where proceedings are commenced in breach of the agreement is considered under both, the first with its certain and more inflexible rules and the latter with the discretion of the doctrine of forum non conveniens. The scope of the EC Regulation rules is discussed.