14 October, 2010
The latest move in the Liverpool FC legal soap opera is a salutary example of how parties will often try to have another go at the same case in a different country if they do not like the outcome the first time round according to Forbes Solicitors.
The next step has taken place in Texas where the owners of the Club have managed to get a restraining order (an injunction in English legal speak) to hold up the proposed sale of LFC to NESV. The Club's senior management say the order is unwarranted and they will have it removed.
Business Law Solicitor Daniel Milnes commented, "International contracts should always have a clear choice of law and jurisdiction clause and there are lots of different ways to resolve that issue if the parties do not want to have one or other side playing with home field advantage if a dispute gets to court."
In the litigation recently between Mastercard and FIFA over sponsorship of the World Cup, FIFA tried to force the parties to arbitration in Switzerland as provided for in its contract while Mastercard steamed into the New York courts and got a result there because some of FIFA's dealings had happened in the USA.