English CA Clarification On Competing Jurisdiction Clauses

Further Court of Appeal clarification on the treatment of competing jurisdiction clauses

Stephenson Harwood provides an outline of the 2019 English Court of Appeal decision in BNP Paribas SA v Trattamento Rifiuti Metropolitani [2019] EWCA Civ 786, where the Court clarified its treatment of competing jurisdiction clauses, concluding that it was commercially imperative that jurisdiction clauses provide certainty for parties, from the outset, as to where their disputes will be resolved. … READ MORE

See also the brief review of the CA’s decision by Barristers Chamber 3VB.

Herbert Smith Freehills also provide a review of the First Instance decision HERE

The Court also gave guidance on the proper role of foreign law experts in relation to issues of contractual interpretation, confirming that their evidence was confined to identifying the rules of interpretation under foreign law for the English court to apply, rather than expressing opinions as to what the contract means.

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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