Rogers & Norton’s litigation team successfully strike out a claim for international client
Director Peter Hastings and Senior Associate Elizabeth Gibson acted for a United States-based company facing allegations of breaching a contract, which our client denied. This referral came to us through a client with a similar business in Spain. The claimant initiated proceedings in this country. Pursuant to CPR Part 11, we made an application to strike out the claim. Notably, the contract contained an arbitration clause stipulating Florida as the jurisdiction for dispute resolution. Our objective was to obtain a declaration affirming that the English court lacked jurisdiction to adjudicate the claim against our US client.
The Defendant is a US-based corporation and its registered office is situated in Florida. It has international offices in Australia and New Zealand, yet none within the jurisdiction of England and Wales. The Defendant operates primarily within the USA.
The UK court concluded: ‘The Agreement is subject to the laws of Florida and the parties are expressly required by the Agreement to submit the dispute to arbitration under the laws of Florida.’ Florida was the natural and appropriate forum. The court concurred, resulting in the claim being struck out and our client’s costs paid.
Peter Hastings comments “Our international work continues to grow and our client was delighted with the outcome. It is essential that jurisdiction clauses and ADR clauses, especially Arbitration clauses, are checked carefully before entering into a contract and before litigating”.
Our dedicated Commercial Litigation and Dispute Resolution team have a wide range of experience in resolving legal disputes. If you are involved or anticipate being involved in a dispute, we can analyse the situation, provide a risk assessment, advise you on your position and work with you to find the best way to move forward. For more information please visit our Commercial Litigation and Dispute Resolution webpage. If you require legal advice and you’d like to book an appointment, please contact Peter Hastings, Director and Litigation Specialist at ph@rogers-norton.co.uk
*This article is provided for general information purposes only and does not constitute legal or any other professional advice.