The Business Law Reports
[2022] Bus LR 521
Queen’s Bench Division
Soleymani
v
Nifty Gateway LLC
[2022] EWHC 773 (Comm)
2022 March 1; 24
Clare Ambrose sitting as a deputy High Court judge
Conflict of laws— Contract— Arbitration clause— Dispute arising in relation to bid made by claimant in auction held on defendant’s online platform— Defendant bringing arbitration proceedings in New York against claimant pursuant to arbitration clause contained in platform’s terms of use— Claimant domiciled in England asserting statutory right as consumer in consumer contract to be sued in English courts and seeking declaration to that effect— Right only applying if proceedings within allocation of jurisdiction provisions in EU Regulation— Proceedings having as sole subject matter validity of arbitration clause excluded from Regulation— Whether claimant’s claim within exclusion— Whether court having jurisdiction to determine claim for declaration—
Parliament and Council Regulation (EU) No 1215/2012, art 1(2)(d)