The laws no ass

Certain aspects of English law will inevitably apply to activities at terminals in England and Wales, the lex situs, and no wording in the contract can alter that fact.

This may not prevent overseas terminal operators expressly providing that English law is to apply to the interpretation of their contracts.

Enforcement, however, depends on the defendant having assets in the relevant jurisdiction and may cause difficulties for international terminals whose users come from many parts of the world. If there is no express provision then almost invariably local law will apply.

It is usual that the jurisdiction in which the terminal is situated will be the applicable law and it is rare for standard terms to specify differently.

In many negotiated international contracts a jurisdiction that is deemed neutral is often chosen compared with the local jurisdiction which is the normal choice for standard terms unilaterally drafted by operators. This should ensure impartiality in any proceedings brought but may not be a wise choice though if proceedings are difficult, particularly in relation to the enforcement of judgments.