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.

See also


  1. “Mostly”.
  2. As in “fun”.