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02 December 2010 / Ian Redfearn , Roger Enock
Issue: 7444 / Categories: Features , Commercial
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Interpreting inconsistencies

Conflicting jurisdiction clauses assessed by Roger Enock & Ian Redfearn

The English courts will look towards the parties’ intentions to determine whether a particular dispute falls within the scope of a jurisdiction agreement. That much is obvious. However, where the same parties have entered into a series of related agreements over a long period of time, with each agreement containing different and apparently conflicting jurisdiction clauses, the parties’ intentions may be difficult to discern.

This conundrum was last year considered by the Court of Appeal in UBS AG and UBS Securities LLC v HSH Nordbank AG [2009] EWCA Civ 585. In that case, Lord Collins held that, where two or more jurisdiction clauses conflict, the courts should apply the jurisdiction clause in the agreement that is at the “commercial centre” of the transaction giving rise to the dispute. Lord Collins’ approach was recently endorsed by the Court of Appeal in Sebastian Holdings Inc v Deutsche Bank AG [2010] EWCA Civ 998.

Sebastian Holdings

Sebastian entered into a series of contracts with Deutsche Bank

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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