Source: All England Reporter
Publisher Citation: [2010] All ER (D) 231 (May)
Neutral Citation: [2010] EWHC 1148 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Hamblen J

Representation Richard Handyside QC (instructed by Allen & Overy) for the claimants.
  Jonathan Davies-Jones (instructed by DLA Piper UK LLP) for the defendant.
Judgment Dates: 25 May 2010

Catchwords

Conflict of laws - Jurisdiction - Civil and commercial matters - Parties entering into swap contracts containing English jurisdiction clauses - Defendant Italian local public body refusing to make payments due to claimants under contracts - Claimants bringing proceedings in England and Italy - Defendant challenging jurisdiction on basis that decisions to enter contracts allegedly invalid - Whether Italian court having exclusive jurisdiction over claims - Council Regulation (EC) 44/2001, art 22(2).

The Case

Conflict of laws Jurisdiction. Having regard to art 22(2) of Council Regulation (EC) 44-2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters), the Commercial Court of the Queen's Bench Division dismissed the defendant's application to challenge the jurisdiction of the English court in respect of proceedings commenced by the claimant companies in England and Italy against the defendant Italian local public body in relation to two swap contracts entered into by the parties.

Practice Areas

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