Emgems Business company

    Order Description       a) Emgems, a company incorporated and carrying on business in South Africa, agreed to sell some emeralds to Ratnas, a Sri Lankan company. Ratnas has a branch in London. The contract was concluded in South Africa but was expressed to be governed by English law. The parties agreed that in the event of a dispute arising under the contract, the Sri Lankan courts should have jurisdiction. Payment was to be in London on the delivery of the emeralds to Ratnas in Sri Lanka. Emgems delivered the emeralds to Ratnas in Sri Lanka. Ratnas alleges that the emeralds are inferior in quality to the sample it was shown and refuses to pay the price. Emgems, which has now established a place of business in London, wishes to commence proceedings in England against Ratnas for non-payment of the price. Advise Emgems on the steps it should take to commence proceedings against Ratnas in England. (b) Ratnas has commenced an action against Emgems in Sri Lanka and has applied to the English court to stay the English action. Emgems wishes to persuade the English court to grant an anti-suit injunction to restrain the Sri Lankan proceedings. Advise Emgems on the principles which will guide the English court in deciding: (i) Whether to stay the English action; (ii) Whether to restrain the Sri Lankan action.