Marzillier and the enforcement of exclusive English jurisdiction clauses

In AMT Futures Limited v Marzillier [2017] UKSC 13; [2017] 2 WLR 853 the UK Supreme Court held that a claim for inducing breach of an exclusive English jurisdiction clause could not proceed in England, as Germany was the place where the harmful event had occurred. The litigation and the consequent expenditure had been incurred in Germany. This article considers Marzillier, the effect of Regulation 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the Recast Regulation) and (briefly) the potential effect of Brexit.

Click here to read the full article by Ishfaq Ahmed, a barrister practising at St Philips Stone.

Filed Under: JIBFL

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