AMT Futures Ltd v Boural & Ors

AMT Futures Ltd v Boural & Ors

The obligation in the exclusive jurisdiction clause is a continuing one, prohibiting not only the commencement but also the continuance of proceedings in a non-contractual forum. Therefore, breaches occurring within six years before the action are not statute-barred, and the summary judgment application must be dismissed.

Parties
Claimant: AMT Futures Ltd; First Defendant: Karim Boural; Second Defendant: Kurt Gruber; Third Defendant: Gerlinde Kolleger; Fourth Defendant: Peter Dietrich; Fifth Defendant: Wolfgang Karbstein
Jurisdiction
England and Wales
Judgment Date
11 April 2018
Procedural Posture
Commercial Claim (breach of Contract, Summary Judgment Application) / Summary Judgment Application Ruling
Outcome
Summary judgment application dismissed
Legal Topics
Exclusive Jurisdiction Clauses, Limitation of Actions, Continuing Breach, Summary Judgment, Anti Suit Injunctions
Contract Law Civil Procedure Exclusive Jurisdiction Clauses Limitation of Actions Continuing Breach Summary Judgment Anti Suit Injunctions

Case Brief

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Parties

AMT Futures Ltd

Claimant

Karim Boural

First Defendant

Kurt Gruber

Second Defendant

Gerlinde Kolleger

Third Defendant

Peter Dietrich

Fourth Defendant

Wolfgang Karbstein

Fifth Defendant

Procedural Posture

Commercial Claim (breach of Contract, Summary Judgment Application) / Summary Judgment Application Ruling

Legal Issues

  1. 1 Does the cause of action for breach of an exclusive jurisdiction clause arise once when foreign proceedings are commenced, or is it a continuing breach for as long as those proceedings are on foot?
  2. 2 Are the claims against the First to Third Defendants statute-barred under the Limitation Act 1980?

Ratio Decidendi

The obligation in the exclusive jurisdiction clause is a continuing one, prohibiting not only the commencement but also the continuance of proceedings in a non-contractual forum. Therefore, breaches occurring within six years before the action are not statute-barred, and the summary judgment application must be dismissed.

Court Disposition

Summary judgment application dismissed

Orders

  • The application by the First to Third Defendants for summary judgment is dismissed.