HORN LINIE GMBH & CO v PANAMERICANA FORMAS E IMPRESOS SA AND ANOTHER (THE “HORNBAY”)
[2006] Lloyd's Rep Plus 51
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice Morison
Conflict of laws – Carriage of goods by sea – Bill of
lading providing for English law and exclusive jurisdiction – Proceedings
issued in Colombia by cargo owners – Proceedings simultaneously issued in
England by carriers seeking declaration of non-liability – Whether valid choice
of law – Whether consent to clause – Whether anti-suit injunction should be
granted – Rome Convention 1980, articles 3 and 8.