The “Skadarlija” - District Court of Amsterdam - 19 January 1994

Jurisdiction - Dutch law making certain exclusive jurisdiction clauses null and void - Effect of Article 17 of 1968 Civil Jurisdiction Convention - Whether Dutch Court has jurisdiction to hear cargo claim under bill of lading providing for exclusive jurisdiction in England

The ship was arrested by cargo interests in security for a cargo claim which they brought before the District Court of Amsterdam. The cargo interests relied on a newly introduced provision (Article 629) in the Dutch Code of Civil Procedure (“CCP”). Article 629 provided: