Jurisdiction Clause in UK Law

Leading Cases
  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 Dic 2001

    But the general rule is clear: where parties have bound themselves by an exclusive jurisdiction clause effect should ordinarily be given to that obligation in the absence of strong reasons for departing from it.

  • Deutsche Bank AG v Asia Pacific Broadband Wireless Communications Inc.
    • Court of Appeal (Civil Division)
    • 13 Oct 2008

    The next proposition is that a jurisdiction clause, like an arbitration clause, is a separable agreement from the agreement as a whole. It follows that disputes about the validity of the contract must, on the face of it, be resolved pursuant to the terms of the clause and, indeed, the last sentence of the clause expressly so provides. It is only if the jurisdiction clause is itself under some specific attack that a question can arise whether it is right to invoke the jurisdiction clause.

  • UBS AG & UBS Securities LLC v HSH Nordbank AG
    • Court of Appeal (Civil Division)
    • 18 Jun 2009

    Whether a jurisdiction clause applies to a dispute is a question of construction. Where the parties have entered into a complex transaction it is the jurisdiction clauses in the agreements which are at the commercial centre of the transaction which the parties must have intended to apply to such claims as aremade in the New York complaint and reflected in the draft particulars of claim in England.

  • Premium Nafta Products Ltd v Fili Shipping Company Ltd
    • House of Lords
    • 17 Oct 2007

    In my opinion the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, are likely to have intended any dispute arising out of the relationship into which they have entered or purported to enter to be decided by the same tribunal. The clause should be construed in accordance with this presumption unless the language makes it clear that certain questions were intended to be excluded from the arbitrator's jurisdiction.

  • Bols Distilleries BV and another v Superior Yacht Services Ltd
    • Privy Council
    • 11 Oct 2006

    The rule is that the court must be satisfied, or as satisfied as it can be having regard to the limitations which an interlocutory process imposes, that factors exist which allow the court to take jurisdiction. In practice, what amounts to a "good arguable case" depends on what requires to be shown in any particular situation in order to establish jurisdiction.

  • Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
    • Court of Appeal (Civil Division)
    • 17 May 1994

    In my judgment, where an injunction is sought to restrain a party from proceeding in a foreign court in breach of an arbitration agreement governed by English law, the English Court need feel no diffidence in granting the injunction, provided that it is sought promptly and before the foreign proceedings are too far advanced.

  • Turner v Grovit
    • House of Lords
    • 13 Dic 2001

    A contractual arbitration or exclusive jurisdiction clause will provide such a ground for seeking to invoke the right to enforce the clause. The applicant does not have to show that the contractual forum is more appropriate than any other; the parties' contractual agreement does that for him.

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  • Contracts (Rights of Third Parties) Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......third party. (7) The jurisdiction conferred on the court by subsections (4) to. (6) is exercisable by both ...clause in the contract, as well as to enforce ‘positive’ rights. The. Act, ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ......Termination clauses in supply contracts Termination clauses in supply contracts . S-14 . ... with the law of England and Wales, Scotland or another jurisdiction. . (3) “The filing date” means the date on which documents are ......
  • Bankrupt and Insolvent Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ......Authorities, and Jurisdictions of the said Courts respectively shall for the Purposes of all Proceedings. ...S-CCCXL . Estates Tail.—Clauses in 4 & 5 W. 4. c. 92. with respect to Disposition of Estates Tail under ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly ... . . (1B) Sections 41, 42, 45 and 46 of the Civil Jurisdiction and Judgments Act 1982 apply for the purpose of determining whether a ......
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Books & Journal Articles
  • Anti‐suit Injunctions and the Doctrine of Comity
    • Núm. 79-2, Marzo 2016
    • The Modern Law Review
    Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surround...
    ......Despite the ambiguities surrounding the jurisdiction clause contained in the bills of lading, the Court of Appeal con- strued ......
  • Sub‐Bailments and Consent
    • Núm. 58-3, Mayo 1995
    • The Modern Law Review
    ...... on two grounds: first, that by virtue of an exclusive jurisdiction clause in the relevant bills of lading, the plaintiffs had ......
    • Núm. 45-6, Noviembre 1982
    • The Modern Law Review
    ...... and the shipowner, in order to benefit from a jurisdiction clause in that contract which was more advantageous than the ......
  • Legal Pluralism, Sharia Courts and Constitutional Issues in Ethiopia
    • Núm. 5-1, Enero 2011
    • Mizan Law Review
    • Mohammed Abdo
    • PhD Candidate, Human Rights Centre, Public Law Department, Faculty of Law
    • 72-104
    State laws employ different approaches in addressing the effect of pluralistic normative ordering in a multicultural setting. A legal regime may resort to the uniform application of state laws and ...
    ...... required to meet constitutional standards (such as the supremacy clause, gender equality and non-discrimination). Based on the analysis of the ..., it is argued that decisions of sharia courts (whose jurisdiction is not compulsory, but based on the consent of litigating parties) seem ......
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Law Firm Commentaries
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