- TCC enforces adjudicator’s decision despite exclusive jurisdiction clause in favour of foreign court (Motacus v Paolo Castelli)
- What are the practical implications of this case?
- What was the background?
- Exclusive jurisdiction clauses
- The parties’ positions
- What did the court decide?
- Decision on Article 6(c)
- Decision on Article 7
- Case details
Construction analysis: The Technology and Construction Court (TCC) enforced an adjudicator’s decision, made in relation to a dispute under a sub-contract that conferred exclusive jurisdiction on the courts of Paris, France. The court considered that an application to enforce an adjudicator’s decision was an ‘interim measure of protection’, within the meaning of Article 7 of the Convention on Choice of Court Agreements, concluded at the Hague in June 2005. The court was therefore not required to suspend or dismiss the enforcement proceedings to give effect to the exclusive jurisdiction clause.
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