Two exclusive jurisdiction clauses, but which one prevails? (Med Marine v Castilloschiffahrts)

Table of contents

• Conflicting jurisdiction clauses
• Acknowledgment of service but no claim form served

Article summary

DR analysis: in a Commercial Court judgment, in which Stephen Hofmeyer QC dismissed applications disputing the jurisdiction of the court, the recurrent theme of whether there are conflicting jurisdiction clauses was considered. In this case there were two jurisdiction provisions, one express and one incorporated by reference. It was held that the express provision was an ‘exclusive jurisdiction carve out’ to deal with invoice debts and that all other areas of dispute between the parties would therefore be subject to the exclusive jurisdiction clause incorporated by reference.