The WLR Daily case summaries
[2022] WLR(D) 394
Court of Appeal
Soleymani v Nifty Gateway LLC
[2022] EWCA Civ 1297
Popplewell, Birss, Snowden LJJ
2022, July 27, 28;
Oct 6
Oct 6
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—
Civil Jurisdiction and Judgments Act 1982 (c 27), ss 15A–E
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Consumer Rights Act 2015 (c 15)
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Parliament and Council Regulation (EU) No 1215/2012, art 1(2)(d)