Wragge Lawrence Graham & Co

UK 200 2014 position: 28

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 ([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…

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