One stop shop?

ACP Capital Ltd v IFR Capital Plc and another [2008] EWHC 1627 (Comm) Lloyd’s Law Reports 17 December

The parties entered into an Advisory Services Agreement (ASA), which contained an exclusive jurisdiction clause in favour of the courts of Jersey in relation to ‘any disputes or claims, which may arise out of or in connection with disagreement’. The claim arose out of ACP’s purported exercise of a market flex clause. IFR alleged the breach of fiduciary obligations owed to it by ACP contained in a series of subsequent agreements each containing an English exclusive jurisdiction clause. ACP argued that the clause in the ASA should be construed liberally and encompassed claims for breach of fiduciary duty as well as claims for breach of contract, so as to allow disputes to be resolved in a single forum.