The Business Law Reports
[2023] Bus LR 145
Court of Appeal
Soleymani
v
Nifty Gateway LLC
[2022] EWCA Civ 1297
2022 July 27, 28; Oct 6
Popplewell, Birss, Snowden LJJ
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 pursuant to arbitration clause in platform’s terms of use— Claimant bringing claim in England for declaration that arbitration clause not binding on him as consumer— Whether court having jurisdiction to determine claim— Whether claim falling within arbitration exception— Whether arbitration exception taking precedence over jurisdictional protection afforded to consumers—
Civil Jurisdiction and Judgments Act 1982 (c 27), ss 15A, 15B
—
Arbitration Act 1996 (c 23), s 9
—
Parliament and Council Regulation (EU) No 1215/2012, art 1(2)(d)