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Stockholm Arbitration Report (SAR) - (Individual Back Volumes)
Stockholm Arbitration Report (SAR) - (Individual Back Issue)
Preview Page SAR 2003 - 1
Subject matter:
Costs incurred in foreign jurisdiction. A party was unable to recover
costs in foreign proceedings. Whether party was entitled to recover foreign
costs as damages for breach of exclusive jurisdiction clause in subsequent
proceedings.
Finding:
In breach of an exclusive jurisdiction clause a party litigated in a
jurisdiction, except occasionally, did not award costs in strike out
proceedings. Therefore the party who successfully applied for the strike out
did not ask for costs. Justice requires that the party should receive the
damages it had suffered by reason of the breach. The situation is akin to
malicious prosecution.
Parties:
Claimant: Union Discount Company Ltd.
Respondent: 1. Robert Zoller & others
2. Union Cal Ltd.
Place of Court Proceedings:
London, England
Applicable Law:
English
EXTRACT FROM THE JUDGMENT
“In the Supreme Court of Judicature Court of Appeal (Civil Division)
on Appeal from HH Judge Heppel Q.C. Sitting as a Judge of the High
Court.
