FORUM NON CONVENIENS

St Pierre v South American Stores

Atlantic Stars – A ship case. Collided into two other ships, begian and adapt bar. It sank and two man
drown. Belgium barge owners brought case in Belgium. The other one brought action in rem in
England. The atlantic star applied for a stay of action. Witnesses in begium barge already put into a
whole enquiry, the connection with Belgium was stronger and allowed the stay

Mac Shannon – Scotsman got injured at a factory in Scotland and brought proceeding in England to
get more damages there, employer was a English company. They wanted to stay the case in Scotlanf
and this was allowed

Abidin Dover – Turkish water, collision between abiding dover, Turkish ship and Cuban ship collision.
Abiding sued Cuban in Turkey. The owner of Cuban arrested sister ship of Abidin. Abidin wanted to
stay the case in ENGLAND. THE stay was granted. When foreign court was……. Unjust to deprive him
of it

Spiliada – the final case

FOREIGN JURISDICTION CLAUSE

Choice of Court clause : English court has the jurisdiction to this contract

Choice of Law Clause : English law governs this contract

P and D had contrsact. Brazillian court can hear the case. P breaches the clause and brings case in
Malaysia. Should it be allowed to be stayed in Malaysia?

The Fehmarn – Russian company and English company entered into a contract with English
company, they agreed to ship Turpentine from Russia to the company in London. Shipped in a ship
owner by a gernan company. Tupertine was contaminated. Sued german company in England. Did
not allow the stay for the court

The Eleftheria – P, timber merchant in England, enter into agreement with D, Greek indiv called JKN
owned the Eleftheria. Transport Brick food and plywood from Greece to London. Contract was in
Englinsh any dispute referred to Greek court. Goods never arrivedwhere it should arrive. P sued for
breach of contract in Eng. Greek wanted to stay and was allowed. Case stopped in England and
continued in Greece. P prove why it should be done in England. Must follow the clause unless under
desperate circumstances.

P, transport iron, D provided ship. They had contract with clause any dispute to the arbitration in
Lond and English law is preffered. Dispute, D wanted arbitration in London, but P wanted in
Malaysia. P wanted to injuct the arbitration by D, D wanted to set aside the injuction. Court allowed
to set aside the injuction’

Lis Alibi Pendes

Lawsuit pending in another jurisdiction. Two cases

Helicopted crash in Brunei. All killded. One person had business interest in Brunei and Malaysia.
Aeroplane was manufactured by French company but owner by English company. The widow sued in
texas the manufacturer. They wanted to injuct the suit going on in the other jurisdiction. Must
continue in Brunei, in twexas there was no such relevancy and jurisdiction. PC allowed the injuction