KLOECKNER & Co. A.G. (formerly KLOECKNER & Co. K.G.a.A) v. GATOIL OVERSEAS INC.

[1990] 1 Lloyd's Rep. 177

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Hirst

Practice - Application to set aside - Jurisdiction - Claims by both parties in respect of purchase and sales of North Sea crude oil - Pending proceedings issued by defendants in Germany - Plaintiffs commenced English proceedings - Whether German Court first seized of proceedings - Whether English action should be stayed - Whether English Court bound to decline jurisdiction - Convention on Jurisdiction and Enforcement of judgments in Civil and Commercial matters, arts. 17, 21 and 22 - Civil Jurisdiction and Judgments Act, 1982 - R.S.C., O. 11, O. 12(8).