Insured Financial Structures Ltd v Elektrocleplownia Tychy SA: CA 28 Jan 2003

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


Woolf LCJ, Hale, Latham LJJ


Times 31-Jan-2003


Lugano Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters 17(1)


England and Wales


CitedKurz 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