Jurisdiction clauses and exclusivity

Aizkir Navigation Inc v Al Wathba National Insurance Co. P.S.S (2011) QBD (comm)

Commercial Court, 16 November 2011

The decision of Mackie J in the Commercial Court case of Aikir Navigation Inc v Al Wathba National Insurance again highlights the principle in contractual construction that a jurisdiction clause may be deemed exclusive, even where the clause does not contain the term ‘exclusive’.

In brief summary, an exclusive jurisdiction clause provides that the parties agree that they can only sue or be sued in the specified jurisdiction. A non-exclusive jurisdiction clause means the parties agree that they may sue or be sued in the identified court, but this does not prevent a dispute being brought before another court that also has jurisdiction.

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Lawyers Toby Vallance