Bushell Interiors Ltd -v- Leicht Kuchen AG [2015] IECA 211 (05 October 2015)

The jurisdiction clause in Clause 14 is sufficiently broad to cover all disputes arising from business relations between the parties, including those relating to distributorship/agency agreements. Therefore, only the German courts have jurisdiction, and the Irish courts do not.

Citation: [2015] IECA 211
Parties: Plaintiff/respondent: Bushell Interiors Ltd.; Defendant/appellant: Leicht Küchen A.G.
Jurisdiction: Ireland
Judgment Date: 05 October 2015
Procedural Posture: Civil Appeal / Appeal From High Court to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Jurisdiction Clauses, Prorogation of Jurisdiction, Brussels Regulation, Exclusive Jurisdiction, Interpretation of Contracts

Private International Law Contract Law Commercial Law Jurisdiction Clauses Prorogation of Jurisdiction Brussels Regulation Exclusive Jurisdiction Interpretation of Contracts

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Parties

Bushell Interiors Ltd.

Plaintiff/respondent

Leicht Küchen A.G.

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

1 Whether Clause 14 of the contract confers exclusive jurisdiction on German courts for all disputes between the parties, including those relating to distributorship/agency agreements.
2 Whether the Irish courts have jurisdiction to hear the dispute given the existence of the jurisdiction clause.

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The decision of the High Court that it had no jurisdiction is affirmed.
The Irish courts have no jurisdiction; only the courts of Schwäbisch Gmünd, Germany, have jurisdiction over the dispute.