International jurisdiction

Tribunals increasingly have to grapple with claims involving contracts signed in one country but performed substantially in another.

European law sets down how cases are to be dealt with where only European Union countries are involved, but it does not deal with contracts signed in the USA.

In a recent claim the High Court upheld an applicant's right for the case to be heard in the UK. Although the contract, which was with a US employer, was signed in the USA it was worked in the UK. UK lawyers acting for both sides had processed the legal papers for the claim. Furthermore an examination of the relevant US law showed that the applicant would not have access to remedies available under UK law if the claim were pursued in the USA. This persuaded the court that it should be heard in the UK.

* Rogers v Market Corporation 2002