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He#39’ll amt futures limited and Matt silly Lord Hodge will give the judgment of the court this appeal raises a question of jurisdiction it is concerned with the correct interpretation of article 53 of council regulation number 44 2001 of22nd December two thousand on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters I will refer to it Ashe judgments regulation the appellant amt futures limited is a company incorporated in the United Kingdom Andes based in London I will refer to it ASA MTF an MTF provides services as derivatives broker for clients who wish to trade in derivatives and who are referred to it by introducing brokers among its clients were people domicile din Germany and other countries in the European mainland who were introduced tort by independent brokers based in Germany an MTF paid commission to those introducing brokers in its contracts with its clients an MTF had an exclusive jurisdiction clause which provided that their contractual relationship was governed by English law and that the English courts would have exclusive jurisdiction in proceedings relating tithe contract sum of an MTS clients were dissatisfied with the financial results of their transactions they commence legal proceedings in Germany against both the introducing brokers and also amt seeking damages under the German law of depict they claimed that the introducing brokers had given bad investment advice or had failed to warn them of investment risks and that a NT had encouraged the brokers to behave astray did by paying them commission an MTF challenged the jurisdiction of the German Court and estimates that it spent over two million pounds dealing with the German court actions it raised action sin England against its former clients who had commenced proceedings in Germany it soothes them for breach of contract founding on the exclusive jurisdiction provision in their contracts an MTF has also sued the German lawyers Msgr in thigh Court in London on the ground that are committed the English law tort of inducing breach of contract by having persuaded the former clients to issue proceedings against it in Germany an MTF argues that the English courts of jurisdiction under article 53 of the judgments Convention which provides that jurisdiction will be established and Quote in matters relating to tort detector quasi depict in the courts of for the place where the harmful event occurred or may occur an MTF argues that the harm which it has suffered is the deprivation of the contractual benefit of dispute resolution in England under English Lawanda therefore that the harmful event occurred in England an MTF succeeded in this argument at first instance, but court of Appeal held that the English courts did not have jurisdiction as the relevant harm had occurred in Germany amt now appeals to this court in unanimous judgment of this court rejects dismisses the appeal essentially for four reasons first the Court holds that the aim...
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