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Court of Appeal—non-exclusive jurisdiction clause renders Article 33 of Brussels I (recast) inapplicable (Perform Content Services Ltd v Ness Global Services Ltd)

Published on: 09 July 2021
Published by: LexisPSL
  • Court of Appeal—non-exclusive jurisdiction clause renders Article 33 of Brussels I (recast) inapplicable (Perform Content Services Ltd v Ness Global Services Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • First instance
  • The appeal
  • Case details

Article summary

Dispute Resolution analysis: This is an important decision on the relationship between Articles 4 and 25 of Brussels I (recast) and the impact on applications under Article 33. Where the parties have agreed a jurisdiction clause in favour of England and Wales (whether exclusive or non-exclusive), that clause, rather than domicile becomes the foundation of the jurisdiction of the court. Written by Phillip Patterson, barrister, Hardwicke. or take a trial to read the full analysis.

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