“…The Bank also relied upon the decision of Cooke J in JP Morgan v Primacom AG [2005] EWHC 508 (Comm), [2005] 2 Lloyd’s Rep 665. There, two sets of proceedings had been commenced in Germany, notwithstanding an exclusive English jurisdiction clause in the Englis…”
“…The resolution of this issue is, in my judgment, to be found in the explanation given by Cooke J in JP Morgan Europe Ltd v Primacom AG [2005] EWHC 508 (Comm); [2005] 2 Lloyd’s Rep 665 at [42], also approved by the House of Lords in The Alexandros T:…”