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When contracts have an international element and a dispute arises, it is often necessary to ascertain at a very early stage which country's courts have jurisdiction to deal with the dispute. In the case of a dispute over a contract, the place of performance of the contract is often crucial.
A recent dispute gave the Court of Appeal the opportunity to set out the principles that should be applied when determining the place of performance of a contract for the purpose of ascertaining jurisdiction. These are: