Union de Remorquage et de Sauvetage SA v Lake Avery Inc (The “Lake Avery”) - QBD (Admlty Ct)(Clarke J) - 4 November 1996

Salvors bring proceedings in England claiming declaration that shipowners entered into a binding salvage agreement on LOF 95 - Whether shipowners entitled to stay under 1968 Civil Jurisdiction Convention on basis that similar proceedings had already been commenced by them in Holland

The plaintiff salvors claimed a declaration that they had made a contract with the defendant shipowners on the LOF 95 form. The shipowners said that the Court should decline jurisdiction under Article 21 or Article 22 of the 1968 Civil Jurisdiction Convention on the ground that proceedings involving the same cause of action had already been brought by them against the salvors in Holland. The salvors relied on Article 1.4 which provided that the Convention should not apply to “Arbitration”.