Title

The "Party Scope" of Exclusive Jurisdiction Clauses: Global Partners Fund Ltd v Babcock & Brown Ltd

Publication Type

Journal Article

Publication Date

11-2011

Abstract

Coherency in international litigation and upholding exclusive jurisdiction clauses, for the most part, work hand in hand. Courts generally take jurisdiction on very wide and exorbitant grounds. There is therefore the ever-present risk of irreconcilable judgments stemming from multiple courts hearing disputes arising from the same transaction or state of affairs. One way in which such a risk is averted is by giving effect to exclusive jurisdiction clauses where parties have included such clauses into their contracts. Thus, when faced with an action brought in breach of an exclusive jurisdiction clause in favour of another forum, the starting position is that the court will stay its proceedings unless the plaintiff is able to show “strong cause” or “strong reasons” why he should be allowed to breach his promise to sue exclusively in another forum. Another means by which the courts strive to uphold exclusive jurisdiction clauses is by taking a liberal construction of them.

Discipline

Commercial Law

Research Areas

Commercial Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

2011

Issue

4

First Page

470

Last Page

477

ISSN

0306-2945

Publisher

Informa

Additional URL

http://www.i-law.com/ilaw/doc/view.htm?id=276730