An English jurisdiction clause does battle with Canadian legislation similar to the Hamburg Rules

摘要

Analyses the Court of Appeal judgment in OT Africa Line Ltd v Magic Sportswear Corp on whether an English exclusive jurisdiction clause in a bill of lading took priority to the Canadian Marine Liability Act 2001 s.46. Reviews the European Court of Justice ruling in Owusu v Jackson (t/a Villa Holidays Bal Inn Villas) (C-281/02) on jurisdiction under Council Regulation 44/2001 Art.23 where a party was domiciled in a Member State.