oa Comparative and International Law Journal of Southern Africa - The Eleftheria (1969) 2 All ER 641



Private International Law Stay of proceedings - Agreement to refer disputes to foreign court Action commenced in England - Principles to be applied by court in deciding whether to stay action. The age old problem of private international law concerning an alleged breach of an agreement in referring disputes to a foreign court, and the English courts' attitude to the alleged breach once again raised its head in the above case. The English courts' attitude does not always seem quite equitable and the need for some uniformity still remains. Modern international trade makes the different Anglo American and European approaches seem absurd in the age of closer international contracts. The Eleftberia is a case in point. Probate, Divorce and Admiralty Division decided the case on a broad Anglo American approach (Dicey and Morris would no doubt approve), yet would the Continental jurists ?


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