16 December 2014
A jurisdiction clause with long-reaching consequences for two pharma companies
It is not often I want to give our judicial system a congratulatory slap on the back, but the decision of Mr. Justice Nugee in Merck KGaA v Merck Sharp & Dohme Inc. is one such case.
It highlights how jurisdiction and law clauses in contracts can often be overlooked, or avoided altogether. Because of the parties’ sensitivities, neither side will accept the other’s ‘home’ country’s courts or law and no ‘neutral’ jurisdiction can be agreed upon either ...