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									                    GlencoreInternational AG v Metro Trading International Inc (No.2)
                                             Also known as:
               Glencore International AG v Metro Trading International Inc (formerly Metro
                                     Bunkering & Trading Co) (No.2)
                      (QBD (Comm)) Queen's Bench Division (Commercial Court)
                                            12 October 2000

    Where Reported
    Cases Cited
    Legislation Cited
    Case Comments

                                                    Where Reported

[2001] 1 All E.R. (Comm) 103
[2001] 1 Lloyd's Rep. 284
[2001] C.L.C. 1732
2000 WL 33122478


        Subject: Conflict of laws

        Keywords: Jurisdiction; Oil and gas law; Oil companies; Storage; Title to goods

        Catchphrases: choice of forum; oil companies; bulk oil storage; lex situs

         Abstract: The court was charged with the determination of a number of preliminary issues in an action
    brought by G, and various other parties, against M, a company which sold oil and provided oil storage facilities. G
    had deposited a consignment of oil with M at a storage facility in Fujairah, in the United Arab Emirates. M had
    subsequently become insolvent and G had claimed monies to the value of the stored oil following sale of the
    remaining oil by the receivers. G, and certain other claimants, alleged that M had sold their oil onto third parties
    and claimed against those purchasers in conversion. M maintained that the law governing title to the oil was the
    law of Fujairah under which title had passed to M and from M to the purchasers. G maintained that the governing
    law was English law pursuant to its contract with M and upon
    a different interpretation of the effect of Fujairah law.
         Summary: Held, determining the preliminary issue in favour of M, that applying the English principles on
    conflict of laws, the governing law of the dispute between M, G and the purchasers was determined by the lex situs
    of the oil and was accordingly the law of Fujairah, Winkworth v Christie Manson & Woods Ltd [1980] Ch. 496
    considered. While it was open to the court to refuse to recognise a transfer of property under the lex situs on
    public policy grounds, it could not be said that the laws of Fujairah were morally repugnant such as to justify the
    court not recognising them.

    Judge: Moore-Bick, J.

    Counsel: For GI: Alaistair Schaff Q.C. and Richard Southern. For MTI: Andrew Smith Q.C.
    and Paul McGrath

    Solicitor: For GI: Clyde & Co. For MTI: Barlow Lyde & Gilbert

                                                       Cases Cited

    Winkworth v Christie Manson & Woods Ltd, [1980] Ch. 496; [1980] 2 W.L.R. 937; [1980]
    1 All E.R. 1121; Times, November 20, 1979 (Ch D)

                                                    Legislation Cited

    Private International Law (Miscellaneous Provisions) Act 1995 Part III
    Private International Law (Miscellaneous Provisions) Act 1995 s. 11
Private International Law (Miscellaneous Provisions) Act 1995 s. 12
Sale of Goods Act 1979 s. 17

                                     Case Comments

Choice of law; Mixed goods; Oil; Passing of property. Foreign contracts - whose law applies
- passing of property. Buyer 2002, 24(1), 1-4
Mixed goods; Oil; Passing of property; Retention of title; Tracing. Retaining proprietary
rights at common law through mixtures and changes. L.M.C.L.Q. 2001, 4(Nov), 449-456
Assignment; Choice of law; Insurance policies; Jurisdiction; Marine insurance; Mixed goods;
Title to goods. Title to moveable property. B.Y.B.I.L. 2001, 71, 465-470

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