11.03.2009

Alison Green appears in Court of Appeal in Novus Aviation Ltd v. Onur Air Tasimacilik AS [2009] EWCA Civ 122

Jurisdiction- Conflicts of laws – Appropriate forum

The Court of Appeal upheld Aikens J’s decision that England was the appropriate jurisdiction for a dispute regarding a contract which contained an English law clause but not an English choice of forum clause.

The dispute concerned a claim by Novus, a Bahamian company, for commission for an extended period of eight years in relation to wet aviation leases entered into between Onur Air, a Turkish airline, and another foreign airline. Aikens J had refused Onur’s application to set aside permission to serve proceedings out of the jurisdiction in Turkey. The Court of Appeal dismissed Onur’s appeal as the judge had considered whether the action had a real and substantial connection with England and had not equated the choice of English law and/or the use of the English language with a choice of an English forum. Although the dispute had no connection with England and neither party had offices in England, it was a relevant factor that the parties had a contract governed by English law, all communications between the parties were in English, it was likely that some issues might be determined by English law and questions might arise as to what was said in English at meetings. The Court of Appeal found that that the judge did not treat the governing law or the use of English in the documents and in the negotiations as in any sense conclusive. He was entitled to come to the conclusion that Novus had shown that England was the appropriate forum.

Alison Green, led by Bernard Eder QC, instructed by Jones Day, represented Novus Aviation Ltd, the successful Claimant/Respondent to the appeal

For any further information or for a copy of the judgment please contact one of the clerks.