Alfred C Toepfer International GmbH v Moino Boschi SRL - QBD (Com Ct)(Mance J) - 6 January 1996

Civil Jurisdiction Convention - Contract for sale of goods - Buyers bringing proceedings against sellers in Italy in breach of London arbitration clause - Sellers applying to English Court seven years later to restrain continuance of Italian proceedings - Whether sellers entitled to relief

The defendant buyers brought claims in Italy against the plaintiff sellers under a contract for the sale of 11,120 tonnes of Chinese soya CIF Ravenna and/or Venice. The sale contract incorporated the terms of GAFTA form 100, which provided for disputes to be arbitrated in London. The buyers commenced the Italian proceedings in October 1988.