Tidewater Marine International Inc v PhoenixTide Offshore Nigeria Ltd
The Commercial Court dismissed an application by PhoenixTide to stay or dismiss proceedings brought by Tidewater in London and served on PhoenixTide in Nigeria on the grounds that the proceedings disclosed no reasonable cause of action nor did they arise out of agreements containing exclusive jurisdiction clauses and on the grounds of forum conveniens.
Burton J held that, contrary to PhoenixTide’s case, the claim did disclose a reasonable cause of action and arose out of the contracts subject to exclusive jurisdiction clauses. The judge also found that there were no overwhelming or very strong reasons why the parties should not be held to their contractual choice of jurisdiction…
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As an alternative to an anti-suit injunction, the Commercial Court confirms that an award of damages for breach of an English jurisdiction clause is compatible with EU law.
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