S E T SELECT ENERGY GMBH v F & M BUNKERING LTD

[2014] Lloyd's Rep Plus 32

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Blair

Practice - Conflict of laws - Contracts for supply of bunkers containing exclusive English jurisdiction clause - Buyer providing seller with demand bank guarantee issued by Cypriot bank - Seller making demand on bank guarantee - Buyer bringing proceedings in Cyprus to restrain payment under guarantee - Seller subsequently bringing proceedings in England for cost of goods sold and delivered - Buyer making late challenge to jurisdiction - Whether seller entitled to judgment in default of defence - Whether time for challenging jurisdiction should be extended - Whether English proceedings should be stayed - Council Regulation (EC) No 44/2001, articles 27 and 28 - CPR 11(4), 11(5), 11(9), 3.1 and 3.9.