Contractual remedy clauses that preclude non-parties from enforcing or obtaining any benefit from an agreement will be effective to preclude non-parties from relying on an exclusive jurisdiction clause in that agreement, even where the non-parties fall within recognised exceptions (global transaction or close relationship) under the governing law. A party to an agreement containing an exclusive jurisdiction clause who is not a party to the proceeding may seek a stay, but the court retains a broad discretion in which the absence of the applicant as a party to the proceeding and the absence of prejudice to it are relevant considerations.
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