Lloyd's Maritime and Commercial Law Quarterly
AN ENGLISH JURISDICTION CLAUSE DOES BATTLE WITH CANADIAN LEGISLATION SIMILAR TO THE HAMBURG RULES
OT Africa v. Magic Sportswear
It is increasingly complex to advise on the effect of an English jurisdiction clause. Recently Colman J began his judgment in Advent Capital Plc
v. GN Ellinas Imports-Exports Ltd and Standard Trading Ltd
1
with the following paragraph:
In recent years the Commercial Court has increasingly been called upon to resolve complex jurisdictional issues which have arisen even in the face of binding law and jurisdiction clauses. Such disputes arise because of the apparent inability of the parties even to apply commonsense to the
LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY
144