Exclusive Jurisdiction Clauses and Winding Up - What's a Judge To Do?

15 February 2012

On a recent application to appoint liquidators, a familiar issue was re-visited when the High Court held that when faced with a dispute of foreign law that is subject to an exclusive jurisdiction clause in favour of a tribunal other than the High Court, the latter must nonetheless determine whether a substantial dispute is identified.  Only then will the exclusive jurisdiction clause fall to be taken into account.

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