This judgment relates to an application by the defendant ('ED&F') to set aside service on it of the plenary summons on the basis that the courts of Ireland have no jurisdiction to hear or determine the dispute which is the subject of the proceedings. It also seeks an order pursuant to Article 8 of the UNCITRAL Model Law on International Commercial Arbitration referring the parties to arbitration in respect of the dispute.
The defendant applies on the basis that the contract between the plaintiff and the defendant which is the subject of the dispute "is as set forth in the Grain and Feed Trade Association (referred to herein as 'GAFTA') contract". As there is a considerable number of GAFTA contracts, the defendant contends that the applicable contract is GAFTA contract number 109 ('GAFTA 109'), even though that particular contract was not specified between the parties. GAFTA 109 has a "domicile" clause which states that the contract "shall be deemed to have been made in England and to be performed in England", and that the contract "shall be construed and take effect in accordance with the laws of England". The contract also has an arbitration clause in respect of "any and all disputes arising out of or under this contract".