Exclusive or non-exclusive? jurisdiction clause in a derivatives contract
15 December 2015
A jurisdiction clause in a derivatives contract was exclusive notwithstanding the absence of express wording that it was intended to be so. In Global Maritime Investments Cyprus Limited v O.W. Supply & Trading A/S (under konkurs)  EWHC 2690 (Comm), the High Court considered that a reasonable commercial person who agreed to this clause, and who had also agreed to English governing law, would not regard it as permitting them to issue proceedings outside England.