Forum of contract or conveniens?

OT Africa Line Ltd v Magic Sportswear Corporation and others CA TLR 21 June

A contract of carriage conferred exclusive jurisdiction on the English courts but the cargo owners had invoked the jurisdiction of the Canadian courts under s46(1) of the Marine Liability Act 2001 of Canada, which provided for such jurisdiction where the defendant had a place of business in Canada and the contract was made there. There was no doubt that the Canadian court did have jurisdiction and it had held that Canada was the most convenient and appropriate forum for the determination of the claim.