Practitioners dealing with multi-party disputes involving exclusive jurisdiction clauses in only some of the relevant contracts should note that the prima facie disposition in favour of enforcing the clause does not apply where non-parties are involved, and that neither the desirability of avoiding multiplicity nor the importance of upholding the clause is determinative — the discretion turns on the facts of the particular case.
The full text is available to signed-in members, including the 86 later cases that cite this judgment.
17 of the 86 citing cases carry a classified treatment. How each court treated it is available to signed-in members.