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Hong Kong Leading Case exclusive jurisdiction clausesanti suit injunctionsbills of lading

Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd

(2016) 19 HKCFAR 586
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2016
StatusBinding authority

Summary

An exclusive jurisdiction clause in a bill of lading may be enforced by anti-suit injunction, balancing comity and the strength of the clause.

Key Principle

The CFA held that an exclusive jurisdiction clause in a bill of lading can be enforced by way of an anti-suit injunction; the court considers comity and the strength of the clause.

Area of Law

shipping

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