Identifying Choice

Handelsveem BV and others v Coreck (TLR 1 December ECJ)

For the purposes of the Brussels Convention, a choice of jurisdiction clause does not have to be framed in such a way that the identity of the forum chosen is apparent from the wording of the clause alone, it is sufficient if it is ascertainable by reference to the circumstances. Accordingly a clause in a bill of lading evidencing a contract for the shipment of consignments of groundnuts from China to Rotterdam aboard a ship belonging to a company incorporated in Russia providing ‘Any dispute arising under this bill of lading shall be decided in the country where the carrier has his principal place of business and the law of such country shall apply’ sufficiently identified the choice of jurisdiction because it was ascertainable from the facts.