Can a contract be made in two different jurisdictions? Yes, says the High Court
In Conductive Inkjet Technology Ltd v Uni-Pixel Displays Inc, the court has confirmed that, where the negotiations are complex, a contract can be made in two jurisdictions, applying the decision of Mann J in Apple Corps v Apple Computer from 2004 ( EWCH 768 (Ch)).
Conductive Inkjet Technology (CIT) was an English technology company operating in the field of inkjet printing. Uni Pixel Displays (UPD) was a Texan company involved in the design and manufacture of films to be incorporated into touch panels.
In May 2005, UPD and CIT (together with another associated company) entered into a non-disclosure agreement (NDA) regarding the use of CIT’s technologies for a particular project (the 2005 NDA). The 2005 NDA contained no governing law or jurisdiction clause…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
News from Wragge & Co
News from The Lawyer
Briefings from Wragge & Co
Wragge & Co outlines the background to the case and the court’s decision and provides a comment on its impact for public bodies.
The Court of Appeal case of RWE Npower Renewables Ltd v J N Bentley Ltd acts as a reminder to draftsman not to place too much reliance on these clauses.