Case Update: Epic Games, Inc v Apple Inc: choice of forum clauses and public policy grounds – Epic Games, Inc v Apple Inc [2021] FCAFC 122
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On 9 July 2021, the Federal Court of Australia overturned a decision to award a stay based on an exclusive jurisdiction/choice of forum clause on the basis that public policy considerations require that most claims brought under Part IV of the Competition and Consumer Law Act 2010 (Cth) (CCA) should be determined in Australia.
The practical implication of this decision is that while companies should be aware of any exclusive jurisdiction or choice of forum clauses in agreements they enter into, they should also be aware that there may be some limited instances, including where a claim is brought under Part IV of the CCA, where there are “strong reasons” to allow the suit to proceed in Australia instead.
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