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23 July 2009
Issue: 7379 / Categories: Case law , Law digest
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Conflict of laws

Deutsche Bank AG and another v Highland Crusader Offshore Partners LP and others [2009] EWCA Civ 725; [2009] All ER (D) 116 (Jul)

 The starting point for considering the effect of a non-exclusive jurisdiction clause was the wording of the clause.

Where a non-exclusive jurisdiction clause had not clearly indicated whether prior or subsequent parallel proceedings in a non-selected forum were permitted or prohibited, the best interpretation would usually be that, by contracting for non-exclusive jurisdiction, the parties had anticipated and accepted the possibility of some parallel proceedings, and as a result, only foreign proceedings which were vexatious and oppressive for some reason independent of the mere presence of the non-exclusive clause would be restrained by injunction.

When looking at whether the interests of justice required that an anti-suit injunction should be granted, it would not be right to start with a general presumption that parallel proceedings in a non-selected forum should be regarded as vexatious or oppressive and that there would be a burden on the party responsible for prosecuting them to make out a

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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