LAWS3007 Lecture Notes - Lecture 9: Substantive Law, Estoppel, Cigna
Document Summary
Mandatory rules: agreement purporting to exclude australian court"s jurisdiction in relation to carriage of goods by sea from an australian port is invalid: carriage of goods by sea act. Choice of court agreements: choice of court clause is exclusive if, as a matter of construction, the parties are obliged to litigate in the specified court, if they decide to litigate: akai v people"s. Insurance company (1996): construe based on contract as a whole, in light of surrounding circumstances, stating exclusive is influential, not determinative: ace insurance v moose. Enterprise [2009]: more likely exclusive if: supported by choice of law, court is closely connected/would have had jurisdiction anyway: ace insurance v moose. Bagfist global v global brands [2010]: separate agreement from the main contract (fai general insurance v ocean marine. Mutual (1997)); validity determined independent of main contract, based on forum law (oceanic sun line v fay (1988)).
