The key question was whether or not the dispute itself fell within the contractual scope of
the relevant jurisdiction clause.
Not exact matches
The Svea Court of Appeal found that when the
relevant dispute - resolution
clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers
jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.
It was not necessary for there to be a specific reference to the
jurisdiction clause itself, the fact that the
relevant party does not have a copy of the terms and conditions or the
jurisdiction clause in his possession is not
relevant» (E Communications Ltd v Vertex Antennentechnik GmBh [2007] 2 All ER (Comm) 798).
Claimant argues that the Court has
jurisdiction pursuant to Article 25 Brussels I Recast because the
relevant contract contains an English exclusive
jurisdiction clause and further contends that the
relevant contract was concluded by AMS Mexico and / or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract — together with the
jurisdiction agreement — was binding on AT1 and Ezion.