The Indian Fortune - Q.B.D. (Adm.Ct.) (Sheen J.) - 1 February 1985

Exclusive jurisdiction clause - Application for stay - Relevance of time-bar in agreed jurisdiction

The plaintiff cargo insurers brought a cargo claim against shipowners in England under a bill of lading which provided that any dispute should be litigated in the courts of India. The defendants applied for a stay. One of the points made by the plaintiffs in resisting the stay was that if they were compelled to litigate in India, they would be prejudiced because they would be faced with a time-bar not applicable in England.