ACI Worldwide (EMEA) Ltd. v National Organisation Systems Technical & Trading Co Ltd.

ACI Worldwide (EMEA) Ltd. v National Organisation Systems Technical & Trading Co Ltd.

The distributorship agreement was validly terminated by ACI in accordance with clause 10, the agreement is governed by English law and subject to the exclusive jurisdiction of the English courts, NOS has no right to continue as distributor, and NOS is obliged to perform post-termination obligations under clause 11....

Source-derived case information.

Parties
Claimant: ACI Worldwide (EMEA) Limited; Defendant: National Organisation Systems Technical & Trading Co Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2003
Procedural Posture
Civil (commercial/contract) / Summary Judgment Application
Outcome
Summary judgment granted (declarations issued)
Legal Topics
Termination of Distributorship Agreement, Jurisdiction Clauses, Summary Judgment, Breach of Contract, Remedies for Breach
Contract Law Commercial Law Conflict of Laws Termination of Distributorship Agreement Jurisdiction Clauses Summary Judgment Breach of Contract Remedies for Breach

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Parties

ACI Worldwide (EMEA) Limited

Claimant

National Organisation Systems Technical & Trading Co Ltd

Defendant

Procedural Posture

Civil (commercial/contract) / Summary Judgment Application

Legal Issues

  1. 1 Whether the distributorship agreement was validly terminated by ACI under clause 10
  2. 2 Whether English law and jurisdiction apply to the agreement
  3. 3 Whether NOS has any right to continue as distributor

Ratio Decidendi

The distributorship agreement was validly terminated by ACI in accordance with clause 10, the agreement is governed by English law and subject to the exclusive jurisdiction of the English courts, NOS has no right to continue as distributor, and NOS is obliged to perform post-termination obligations under clause 11. NOS's arguments regarding a new contract, Greek law, and commercial agency status are fanciful and have no real prospect of success.

Court Disposition

Summary judgment granted (declarations issued)

Orders

  • Declaration that ACI has terminated the distribution agreement with NOS by notice dated 26 August 2002 with immediate effect.
  • Declaration that the agreement is governed by English law and subject to the exclusive jurisdiction of the English courts.