Clifford Chance LLP v Société Générale SA

Clifford Chance LLP v Société Générale SA

Clifford Chance LLP was not a party to the Framework Agreements and was not bound by the French law and exclusive jurisdiction clauses. The retainer for the Goldas Dispute was governed by English law. The English court is the appropriate forum for the dispute, and SocGen's challenge to jurisdiction is dismissed.

Parties
Claimant/respondent: Clifford Chance LLP; Claimant/respondent: Clifford Chance Europe LLP; Defendant/applicant: Société Générale S.A.
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Application (jurisdiction Challenge) / Ruling on Application to Dispute Jurisdiction
Outcome
Application to dispute jurisdiction dismissed
Legal Topics
Jurisdiction Clauses, Forum Non Conveniens, Implied Retainers, Professional Negligence of Solicitors, Contract Interpretation
Civil Procedure Conflict of Laws Contract Law Professional Negligence Jurisdiction Clauses Forum Non Conveniens Implied Retainers Professional Negligence of Solicitors +1 more

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Parties

Clifford Chance LLP

Claimant/respondent

Clifford Chance Europe LLP

Claimant/respondent

Société Générale S.A.

Defendant/applicant

Procedural Posture

Commercial Court Application (jurisdiction Challenge) / Ruling on Application to Dispute Jurisdiction

Legal Issues

  1. 1 Whether the English court has jurisdiction to hear the claim between Clifford Chance and Société Générale
  2. 2 Whether the retainer between Clifford Chance LLP and Société Générale is governed by French law and subject to the exclusive jurisdiction of the High Court of Paris under the Framework Agreements
  3. 3 Whether the Framework Agreements bind Clifford Chance LLP

Ratio Decidendi

Clifford Chance LLP was not a party to the Framework Agreements and was not bound by the French law and exclusive jurisdiction clauses. The retainer for the Goldas Dispute was governed by English law. The English court is the appropriate forum for the dispute, and SocGen's challenge to jurisdiction is dismissed.

Court Disposition

Application to dispute jurisdiction dismissed

Orders

  • SocGen's challenge to the court's jurisdiction is dismissed
  • No stay of proceedings granted