Jurisdiction: can you be in two places at once?

By Paul Kirkpatrick

Choosing and including the correct type of jurisdiction clause in a contract is important.

We consider the case of Conductive Inkjet Technology Ltd and Uni-Pixel Displays Inc [2013] EWHC 2968 (Ch), where the parties could not agree on a jurisdiction clause and the contract was deemed to have been made in two jurisdictions.

A jurisdiction clause refers to the parties’ choice of court in the event that a dispute arises. The choice of jurisdiction is important because it allows parties to avoid certain courts if they wish; it can save the time and cost of debating jurisdiction in the event of a dispute; it can increase the possibility of enforcement of a court judgment; and in the absence of an effective jurisdiction clause jurisdiction will be determined either by the appropriate rules or regulations…

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