DOMICREST LTD. v. SWISS BANK CORPORATION

[1999] 1 Lloyd's Rep. 80

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Rix

Banking - Jurisdiction - Claim in contract and tort - English plaintiff sold goods to Swiss customer - Plaintiff alleged defendant bank guaranteed Swiss customer’s payment obligation - Non-payment by customer - Action brought in England - Bank challenged jurisdiction in England - Whether England place of performance of payment obligation and where harmful event occurred - Whether action should be brought in Switzerland - Civil Jurisdiction and Judgments Act, 1982, s. 3A, Schedule, arts. 5.1, 3.