Damages for Breach of English Jurisdiction Clauses: More than Meets the Eye

• Main Author: THAM, Chee Ho
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2004
• Subjects: Jurisdiction
• Online Access: https://ink.library.smu.edu.sg/sol_research/870; http://www.i-law.com/ilaw/doc/view.htm?id=212841
• Institution: Singapore Management University

Besides anti-suit injunctions, recent cases suggest that breaches of jurisdiction clauses may also be remedied by damages. Without distinguishing between types of jurisdiction clauses or the manner of breach, existing analyses appear to assume that these damages must be contractual, by analogy with breaches of arbitration clauses. In relation to breaches of English jurisdiction clauses, this may be inappropriate, given that the basis and effect of English judgments are distinct from those of arbitral awards. Contractual damages for breach of English jurisdiction clauses may thus be difficult to justify. However, tortious damages may arguably be available as an alternative .