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ARTICLE · 24 APRIL 2018

Jurisdiction - AMT Futures v Boural

Judge decides when limitation period runs in a breach of a jurisdiction clause case

United KingdomLitigation, Mediation & Arbitration

Judge decides when limitation period runs in a breach of a jurisdiction clause case.

The contract between the parties contained a clause which provided that the defendants "irrevocably submit to the exclusive jurisdiction of the English courts" in relation to disputes. The defendants commenced a claim in Germany in May 2008, in breach of this clause (trial having taken place in 2014 and an appeal having been brought thereafter). The issue in this case was when a cause of action for the breach of an exclusive jurisdiction clause becomes time-barred: Is the cause of action complete when proceedings in another country are first commenced (in breach of the clause) or is there a continuing cause of action, which arises from day to day, for so long as the wrongful proceedings continue?

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