An exclusive jurisdiction clause using the words 'arising out of or in connection with' a contract will be construed broadly to encompass tortious and fiduciary claims that arise from the contractual relationship, not merely contractual claims. Non-parties who are closely connected with the contract's implementation and who have rights conferred by the contract (such as indemnity rights) may seek enforcement of the clause in their own right. The strength of the prima facie position in favour of enforcing an exclusive jurisdiction clause is of a 'high order' in the context of international investment arrangements involving multiple jurisdictions.
The full text is available to signed-in members, including the 46 later cases that cite this judgment.
10 of the 46 citing cases carry a classified treatment. How each court treated it is available to signed-in members.