- 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
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.
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