‘RCD Holdings Ltd v LT Game International (Australia) Ltd: Exclusive Jurisdiction Clauses – Whither Inconvenience?’

“In the recent decision of RCD Holdings Ltd v LT Game International (Australia) Ltd, Davis J of the Supreme Court of Queensland dismissed proceedings brought in breach of an exclusive jurisdiction clause that had been expressed in ‘an arm’s length agreement reached between commercial entities’. In deciding whether to exercise his discretion not to stay or dismiss proceedings, Davis J examined whether procedural disadvantages and ‘inconvenience’ in the jurisdiction nominated in the clause were relevant considerations …” (more)

[Sarah McKibbin, Conflict of Laws .net, 3 December]

First posted 2020-12-03 17:54:54

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