The parties to a contract had agreed that Poland should have non-exclusive jurisdiction over disputes. Poland was not a party to the Lugano Convention, but both parties were domiciled in contracting states.
Held: The agreement had extended exclusive jurisdiction to the Polish courts through article 17 of the Convention. The agreement must first be interpreted against English law as against the Convention, following Kurtz
Judges:
Woolf LCJ, Hale, Latham LJJ
Citations:
Times 31-Jan-2003
Statutes:
Lugano Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 17(1)
Jurisdiction:
England and Wales
Citing:
Cited – Kurz v Stella Musical Veranstaltungs GmbH ChD 1991
A prorogation clause which claimed to confer exclusive jurisdiction on the courts of one country would, if it complied with Article 17 in point of form, be given effect so as to exclude any other jurisdictions which might otherwise be competent . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Contract
Updated: 17 June 2022; Ref: scu.178841