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

[2014] 1 Lloyd's Rep. 652

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.