Legal News

One way jurisdiction clauses—governing law and interpretation (Mauritius Commercial Bank v Hestia Holdings)

Published on: 30 May 2013
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Article summary

The Commercial Court has construed a one sided jurisdiction clause and highlighted the need to consider the material terms of the clause when seeking to rely on authorities. The court will not consider just the principles to be derived from authorities but also the similarities between the clause in the authority and that in dispute before the court. Popplewell J also considered the effect on the jurisdiction clause of parties agreeing to amend the governing law clause. In doing so he followed the House of Lords decision in James Miller and distinguished, as subsequent Court of Appeal decisions had done, the line of cases in relation to floating proper law clauses.

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