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26 November 2009 / Timothy Carlisle , Christian Hay
Issue: 7395 / Categories: Features , Public , Commercial
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Spot the difference

Timothy Carlisle & Christian Hay provide an update on the choice of law jurisdiction made by agreement

Commercial contracts are increasingly encountered that are governed by the laws and courts of a jurisdiction far removed from the locus of the parties, or of the dispute.

And whether inside or outside the EU and Convention countries it is necessary first to pay close attention to what the parties agreed as to jurisdiction; and then, where applicable, to have regard to the impact of the Judgments Regulation, or the 1968 (Brussels) or Lugano Conventions (which this article does not consider).

A matter of perception

There has been a perception gathered and growing from the cases since the early 1990s onwards, that there is not much difference in result between a non-exclusive jurisdiction clause and an exclusive jurisdiction clause where the courts are deciding a jurisdictional dispute argued initially on common law contractual choice of law grounds.

This has been particularly the case when the English courts have been asked to uphold their own

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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