C.I.L.E. v. CHIAVELLI AND ANOTHER

AMISSAH J.A. upheld a preliminary objection to the action proceeding in Ghana on the basis of a contractual forum selection clause printed on an invoice for goods consigned by an Italian company to Ghana. The plaintiffs sought recovery of Na063,061.60 and the return of 225 cases of O.B.C. shirts shipped by the Bia River in March 1967, while the defendants contended the goods were sold on credit to Timber Imports and Exports of Takoradi with payment deferred. The invoice stated: "For every dispute only the forum of the judicial authority in Modena is competent." After considering Articles 4, 30 and 31 of the plaintiff-company’s articles (including arbitration under the Chamber of Commerce of Bologna), the court found those provisions inapplicable or ambiguous. Drawing analogies to arbitration enforcement in Hamlyn & Co. v. Talisker Distillery and choice-of-law by forum selection in N.V. Kwik Hoo Tong v. James Finlay, the court concluded "every dispute" covers disputes about the transaction’s nature and that the parties intended Modena to resolve their disputes. The court declined jurisdiction and struck out the case.