International Litigation and Arbitration - Essay Example

“Subject to this Regulation, persons domiciled in a Member State shall, whatever their nationality, be sued in the courts of that Member State.”4 This article relates to the particular individual person and infers that any person can sue if the defendant may be domiciled in a member state in Brussels I Regulation. This was clear in Grupo Torras SA and Torras SA and Torras Hostench London Ltd5. However, in Article 60.1 “for the purposes of this Regulation, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its: And further, 60.

2 “ for the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.” According to articles 60.1 and 60.2 Black Horse Traders Ltd can bring legal issues against Wales Ltd in three states, the United Kingdom or Italy, or Greece. There are some case laws on point to demonstrate the application of article 60. The first case is Re Harrods a company that was registered in London in 1913 and most of the partners in the company's shares resided in England. However, the principal place of business and central administration was in Argentina. English courts decided this company was domiciled in Argentina and the Argentine courts had jurisdiction.

The second case on point is King v Crown Energy Trading AG Crown Energy is a Swiss company operating a business in England with offices in London. King raised the issue of Crown Energy concerning the breaking of a service contract but could not sue them in English court under article 6.1 of the Lugano Convention. Then the case was sent to the European Court of Justice for a decision. Yet another case is The Deichland. The owners of the goods shipped demanded recompense for the damages sustained in shipment. The ship is run by a Panamanian company and their center administration is located in Germany. The Company was domiciled both in Germany and Panama and the owners were able to being legal action in both states.
All these cases are proof that Black Horse Traders Ltd can set up issues against Wales Ltd in all three states cited. However, the Portuguese court has special jurisdiction to hear a case because of the term in the contract of sale that states the delivery of the goods is to Lisbon.