Epic Games, Inc v Apple Inc: choice of forum clauses to which parties have ‘no choice’ – Epic Games, Inc v Apple Inc (Stay Application) [2021] FCA 338

On 9 April 2021, the Federal Court of Australia stayed proceedings brought by Epic Games against Apple for various breaches of the Competition and Consumer Law Act 2010 (Cth) (CCA) on the basis of a clause in the underlying agreement between the parties requiring that all disputes be heard by courts in the Northern District of California.

The practical implication of this decision is that companies should be aware of any choice of law clauses in agreements they enter into. This applies even in respect of standard form contracts where they have ‘no choice but to agree’ to the terms, unless the company has concrete evidence that the relevant international court would decline to hear the matter.

 

Read the full article here >

Latest insights

More Insights
Curiosity line teal background

Assessing the Scope of Part 9 of the Financial Services and Markets Act 2022 for Digital Token Service Providers

6 minutes Jun 23 2025

Read More
featured image

AI Data Security in the Spotlight as International Guidance and Industry Changes Emerge

4 minutes Jun 23 2025

Read More
Curiosity line green background

SG Trade Marks Fast Programme: Accelerated Examination for Local Applications in Singapore (Practical Implications for Brand Owners)

3 minutes Jun 20 2025

Read More