EUPillar SSL International plc and another v TTK LIG Ltd and others [2011] EWHC 1695 (Ch)

Summary

The claimant, SSL, was an English company. The defendant, TTK, was an Indian company. The dispute arose out of a contract for supply of condoms which were manufactured by the defendant in India. The claim form was issued on 17th June 2011. Urgent injunctive relief was sought as well. The claimant sought to establish jurisdiction in England, arguing that there was a valid English law and jurisdiction clause. However, the claimant failed to demonstrate that such a clause was incorporated. On 29th June 2011, the English High Court held that India was the appropriate court for the trial to take place, holding that the laws of India were applicable to the merits of the dispute. An appeal was made. On 19th October 2011, the Court of Appeal dismissed the claimant’s appeal. the Lord Justice Burnton held: “81 [...] In the present case, there is no evidence of any consensus incorporating the SSL terms and conditions. 82 It follows that there is no good arguable case that the contracts with TTK were governed by English Law or that TTK agreed to the jurisdiction of the courts of England and Wales. It also follows that the proper law of the contracts is Indian law: Article 4.1(a) of Regulation (EC) No. 591/2008 on the law applicable to contractual obligations (Rome I). [81-82].