Conflict of laws

Choice of jurisdiction

The decision of Andrew Smith J in Evialis SA v SIAT [2003] EWHC 863 (Comm), [2003] 2 Lloyd’s Rep 377 , discusses a number of important questions on the validity and interpretation of a choice of jurisdiction clause. The case illustrates just how complex matters can become under the EC’s jurisdiction rules (now enshrined in Council Regulation 44/2001, replacing the Brussels Convention 1968) where one party commences an action in breach of such a clause, and it also clarifies the issues which have to be resolved under both the law applicable to the contract and under art 23 of the Regulation when the validity and scope of a jurisdiction clause fall to be determined.