Exclusive jurisdiction

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Governing law chat. Mostly[1] pretty tedious, but the litigation department will get excited about it. Draw what conclusions about them, therefore, as you wish. The fun[2] questions will be such as these:

  • Should the courts of (say) England and Wales have exclusive or non-exclusive jurisdiction to hear disputes. Even though the contract is governed by English law, might an Italian court — or a chamber of the Luxembourgouisie — have a stab at arbitrating it? Now I know what you are thinking. In what messed up, purblind existence would one be seriously entertaining a foreign court being asked to apply English law? Just go to an English court! It is a fair question, but you might have a Malaysian broker contracting with a Venezuelan asset manager under English law, in which case it might be a pain in the posterior for both to schlep up to the courts of chancery in Fleet Street to sort out the inevitable dispute.

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References

  1. “Mostly”.
  2. As in “fun”.