Thus, the defendant sought to leave the doubt regarding the jurisdiction in England, insofar as the claim is filed there. She asked and received. But from here to the uniqueness of the English forum, there is a long way.
- Against this background, and in accordance with the Lagziel, it is sufficient for the existence of a reasonable interpretive possibility that the stipulation at issue is parallel, in order to reject the claim that it is unique. and as he determined, As you may recall, The Honorable Judge, as he was then called, Sohlberg "If it is found that there are two legitimate interpretations, and even if one of them is more plausible, this will not save the stipulation; 'If there is any doubt, there is no doubt.'" (ibid., at paragraph 20 of his opinion).
- This result is reinforced both in the language of the condition, in another component of it, and by virtue of policy considerations.
- a) On the level of language, how?
The stipulation in dispute includes several components. Alongside the provision that the law of the contract is the law of England, and alongside the jurisdiction clause, it includes an additional provision according to which "this Agreement shall be enforceable and judgment upon any award rendered may be entered in any Court having jurisdiction". It instructs us, among other things, that the contract will be enforceable in any court of competent jurisdiction. The plaintiff is correct in her claim that this provision implies that the parties to the contract estimated that there would be cases in which the dispute between them would be clarified in a non-English court. Insofar as it was a unique jurisdiction clause, which stipulates that only the courts in England can deal with disputes between the parties, this provision is prima facie superfluous.
- b) And in terms of policy considerations, how?
The application of the stipulation as unique can lead to far-reaching results for the marketers and distributors of the defendant's products in Israel. When an international company markets its products around the world, it seems that it must be prepared and willing to negotiate even in the places where they are marketed. Its activity can give rise to various and varied legal problems. problems with end customers purchasing the products; Problems with the marketers and their distributors , and so on. It is not at all clear that these disputes, of various kinds, should be clarified in the place of the manufacturer's residence, in England.