Defence based on valid jurisdiction or arbitration agreement [Archived]

Produced in partnership with Nicholas Pointon of St John's Chambers
Precedents

Defence based on valid jurisdiction or arbitration agreement [Archived]

Produced in partnership with Nicholas Pointon of St John's Chambers

Precedents
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ARCHIVED: This Precedent has been archived and is not maintained.

This Precedent and associated drafting notes are for use in proceedings commenced in the courts of England and Wales on or before 31 December 2020 where the transitional provisions for jurisdiction in Articles 67 or 69 of the Withdrawal agreement have been met.

Claim No. [insert claim number].

[IN THE HIGH COURT OF JUSTICE

[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR

[Specify division]

[Specify specialist court]

[Insert location] DISTRICT REGISTRY

THE COUNTY COURT AT [insert location]

[BUSINESS AND PROPERTY COURTS LIST

Between

  1. [Party A]        Claimant

  1. and

  1. [Party B]        Defendant

__________________________________________________________________________________

Defence

__________________________________________________________________________________

  1. Introduction

    1. 1

      The Court lacks jurisdiction to determine this claim for the reasons given below. The balance of this Defence is filed Without Prejudice to the Defendant’s

Nicholas Pointon
Nicholas Pointon

Nick is a specialist commercial and chancery law barrister. His particular areas of expertise include commercial and contractual disputes, private international law, domestic and international arbitration. He has been consistently listed in Chambers UK for commercial dispute resolution since 2015 and regularly acts in cross border or offshore litigation, as well as wholly domestic matters. Commentators say –

“He’s simply exceptional on paper and dominating in the courtroom.” (Chambers UK, 2018)

“He’s a class act who is really good at the detail – he just oozes ability” (Chambers UK, 2017)


Since 2012 Nick has been a Senior Associate Tutor of Law at the University of Bristol, and has taught in the fields of contract, land, trusts and international arbitration, to undergraduate and postgraduate students.

Nick is also an accredited mediator and is happy to accept appointments as mediator in suitable cases.

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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration agreement definition
What does Arbitration agreement mean?

An arbitration agreement is a bilateral contract between the parties to the main contract, appointing an arbitrator who becomes a third party to the arbitration agreement.

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