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Brussels I, contract disputes and dual places of performance (Canyon Offshore v GDF Suez E&P Nederland)

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Published on: 01 December 2014

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Facts
Was there a good arguable case?
Is an agreement to pay another's debts to ensure continuation of an agreement to provide services, itself a service agreement?
Place of performance of the obligation
What happens if there is a dual place of performance?
Court details

Article summary

Dispute Resolution analysis: Mackie J held on the facts that art 5(1) of Brussels I allowed the claimant to have a choice as to the place of performance of a contract. The key issue was that there needed to be 'sufficient proximity and predictability' to the dispute. Mackie J noted that this was a difficult area of law where the principles were not straight forward and there was conflicting European case law and he therefore gave permission to appeal.

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