International Trade Law

Paper Summary:

This paper explores the legal case of "Owusu vs. Jackson" in explicit detail. It discusses the general details and case history explaining the outcome to take trial in Britain as apposed to Jamaica even though some of the defendants were Jamaican. It examines the forum non conveniens doctrine and the Brussels Convention. It also expands on the importance of this particular case and its effects on international trade law.

From the Paper:

"What was alleged was the fact that there had been an earlier accident of the same kind some time earlier on the very same beach, and the Jamaican companies had failed to issue a warning of any sort, and in addition, and the fact was that had they posted a warning of some kind, then perhaps the accident would have been averted. The fact that the warning was not issued was quoted in the action against the Jamaican companies. The ECJ had in fact initially rejected the argument that had been put forward by the defendants, and by the United Kingdom Government, that according to the Brussels Convention and its domicile rules, in Article 2, there would be no possibility of application, because of the fact that the claimant, that is, Owusu, and one of the defendants, that is, Jackson, were in fact domiciled in the United Kingdom, and the other defendants were domiciled in Jamaica. Therefore, according to Article 2 of the Brussels Convention, what was stated was that according to the provisions of the Convention, those persons domiciled in a contracting state must, whatever shall be their nationality, they may be sued in the courts of that state."

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