The High Court has interpreted a jurisdiction clause as granting exclusive jurisdiction to the English courts, despite the absence of the word “exclusive” in the clause in question: Global Maritime Investments Cyprus Limited v O.W. Supply & Trading A/S [2015] EWHC 2690 (Comm).

A well drafted jurisdiction clause should make clear that exclusive jurisdiction is granted to the courts of a particular country, where that is intended, but this case shows that the absence of the word “exclusive” need not be determinative.

In reaching its decision, the court followed the approach adopted by the High Court in BNP Paribas SA v Anchorage Capital Europe LLP and others [2013] EWHC 3073 (see post).

For more information, please see our Litigation Notes blog.