lawpalyer logo
in判決書

臺灣士林地方法院110年度海商字第4號

關鍵資訊

  • 裁判案由
    損害賠償
  • 案件類型
    民事
  • 審判法院
    臺灣士林地方法院
  • 裁判日期
    112 年 04 月 11 日

  • 當事人
    纖宇企業股份有限公司林榮隆易達聯運股份有限公司吳佳珍

1104 FABRIC Complete Clothing Company CCC110928KELAX0000000CCC 貿1CCCCCC 245,375.128.00506,871,730 1101124 63816,871,73011011245% 26 110928COGSA Packing ListCommercial InvoiceCCC CCC 561 Foreign Elements9822592828124912CCC6381 9718524 使便109273 108 980 99526 436143使 26Except as otherwise provided specifically herein any claim or dispute arising under this Bill of Lading shall be governed by the laws of England and determined in English courts sitting in the city of London to the exclusion of courts of any other place. Inthe event this clause is inapplicable under local law then jurisdiction and choice of law shall lie in either the port of loading or port of discharge at Carrier's option. 105 使 1981Senior Courts Act 1 98120(1)The Admiralty juristiction of the High Court shall be as follows, that isto say(a) juristiction to hear and determine any of the questions and claims mentioned in subsection (2)...(a) (2) (2)The questions and claims referred toin subsection (1)(a) are...(g) any claim for loss of or damage to goods carried in a ship; (h) anyclaim arising out of any agreement relating to thecariage of goods in a ship or to the use or hireof a ship;...(1)(a) (g) (h)使 268 Civil Procedure Rules 61Admiralty Claims61.12 In this Part(a) 'admiralty claim' means a claim within the Admiralty jurisdiction of the High Court as set out in section 20 of the Senior Courts Act 1981; (b) 'the Admiralty Court' means theAdmiralty Court of the King's Bench Division of the High Court of Justice;...(a)198120 (b) 2 7261.22Any other admiraltyclaim may be started in the Admiralty Court. 274 341 61.21 2 27327461.21 1073651061275 English court243248 171118...any claim or dispute arising under this Bill of Lading shall be...determined in Englishcourts sitting in the city of London to the exclusion of courts of any other place.1012591031957 781 781 781 使111 173 使781 使97109113250572 便616161 Court of Appeal94OT Aftica Li ne Ltd.v. Magic Sportwear Corporation and Othersan English court would hope that a deci sion to retain an action brought in England, pursuant to an exclusive jurisdiction clause in a contract governed by English law, would be respected byany foreign court. 32124 House of Lords9890Donohue v. ArmcoInc and Others If contracting parties agree to give a particular court exclusive jurisdiction to rule on claimsbetween those parties, and a claim falling withinthe scope of the agreement is made in proceedingsin a forum other than that which the parties haveagreed, the English court will ordinarily exercise its discretion (whether by granting a stay of proceedings in England, or by restraining the prosecution of proceedings in the non-contractual forumabroad, or by such other procedural order as is appropriate in the circumstances) to secure compliance with the contractual bargain, unless the partysuing in the non-contractual forum (the burden being on him) can show strong reasons for suing in that forum. I use the word "ordinarily" to recognisethat where an exercise of discretion is called for there can be no absolute or inflexible rule governing that exercise, and also that a party may lose his claim to equitable relief by dilatoriness orother unconscionable conduct. But the general rule is clear: where parties have bound themselves byan exclusive jurisdiction clause effect should ordinarily be given to that obligation in the absence of strong reasons for departing from it. Whethera party can show strong reasons, sufficient to displace the other party's prima facie entitlement to enforce the contractual bargain, will depend onall the facts and circumstances of the particularcase. 使使使使29624 47The Fehmarn 使29726 634 14248 便10267 248 便 便便109273便使 2824912 9578         112    4     11   101,000         112    4     11