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Glencore -v- Metro and Itochu Petroleum C. (S) Pte Ltd. & Banque Trad-Credit Lyonnais

30th Jul 1999

[1999] 2 Lloyd’s Rep 632

Dominic Kendrick Q.C. and David Allen and Richard Southern acted in this matter – Contracts for sale of cargo of oil contained exclusive English jurisdiction clause – Plaintiffs claimed against defendants in conversion – Bank brought proceedings in Paris to recover proceeds of sale – Third party proceedings brought in England against bank – Whether proceedings involved same parties and same cause of action – Whether English or French Court first seised of action – Whether bank bound by exclusive jurisdiction clause – Whether proceedings should be stayed – Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 17, 21, 22.