Trans-Continental Textile Recycling v. The "Erato II" and "MSC Giovanna"

In this matter the Defendant sought to rely on a jurisdiction clause in a bill of lading that selected New York as the proper forum. The Plaintiff opposed the Defendant’s motion for a stay on the grounds, inter alia, that the Defendant had attorned to the jurisdiction of the Federal Court. The Defendant had filed a Statement of Defence in the action and draft Affidavits of Documents had been exchanged between the parties. It was not until nine months after the defence had been filed that the Defendants brought their motion for a stay. The Court concluded that the Defendants had given every indication of attornment to the jurisdiction and refused the motion for a stay.