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…
If you are registered and logged in to the site, click on the link below to read the rest of the 7KBW briefing. If not, please register or sign in with your details below.
Briefings from 7KBW
The court determined a number of issues about the nature and effect of a policy of professional liability insurance.
In May 2006, the Alexandros T sank off the shore of South Africa; her owners commenced proceedings in the Commercial Court against the vessel’s insurers for an indemnity.