i-law

Litigation Letter

Choice of forum

Glencore International AG v Metro Trading International Inc (No 3) (CA 18 April)

A foreign party who had voluntarily invoked the jurisdiction of the English court by issuing proceedings in England had submitted to the jurisdiction without reservation and was therefore subject to all the incidents of litigation, including amenability to a counterclaim. This is to be contrasted with the position where a foreign party has been brought involuntarily into the jurisdiction by answering the claim, who could limit his submission to the jurisdiction on a claim by claim basis.

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