About Sam Goodman

Sam has a broad commercial practice with a particular interest in cases involving issues of private international law. He was involved in the Chevron v Ecuador litigation as part of the team resisting the Republic of Ecuador’s attempts to enforce an $18bn judgment in several jurisdictions. Sam was previously a Teaching Fellow at University College London, where he taught on the Conflict of Laws course. Find out more about Sam and see his posts.

Submission: Golden Endurance v RMA Watanya

Golden Endurance Shipping SA v RMA Watanya SA [2016] EWHC 2110 (Comm)

An interesting recent judgment of Phillips J in the Commercial Court has clarified the law concerning submission to the jurisdiction of a foreign court.  20 Essex Street’s Michael Collett QC was instructed for the claimant.

The court held that a Moroccan judgment would not be recognised in England because the claimant had not submitted to the jurisdiction of the Moroccan court. Although the claimant had appeared in the Moroccan proceedings, it had done so in order to ask the court to stay the Moroccan proceedings in favour of arbitration and had only engaged with the merits as it was obliged to do so under Moroccan law.

As a result, the claimant ship-owner was not estopped by a Moroccan judgment from asking an English court for a declaration of non-liability for alleged damage to a cargo. Continue reading