Please find the attached Note on the above case of Euromark v Smash Enterprises Pty Ltd [2013] EWHC 1627 which concludes that what the parties conclude as to the jurisdiction governing the agreement is usually final; merits have little say in the matter. The case itself however explores this more fully, and is worth a read.

CK2908Exclusivejurisdictionclauses

The case of Euromark can be found at:

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2013/1627.html&query=smash+and+enterprises&method=boolean