Albemarle Corporation and Anr v AstraZeneca UK Ltd - US Court of Appeals (4th Circuit)(Niemeyer and King Ct JJ Robert J Conrad Jr Chief US DJ for WD North Carolina) - 8 December 2010

(2011) 820 LMLN 3(2)

Conflict of laws - Forum selection clause - Whether US court should give effect to English forum selection clause in international contract for sale of chemical

In 2005 AstraZeneca, a United Kingdom company, contracted to purchase a quantity of di-isopropyl-phenol (“DIP”) from Albemarle, a Virginia corporation. The contract provided that if AstraZeneca ceased using DIP in favour of propofol, a derivative of DIP, it would give Albemarle the right of first refusal to supply AstraZeneca with propofol. The contract also contained a forum selection clause which provided that the contract was “subject to English Law and the jurisdiction of the English High Court”.