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
featured image

Report of Trade Mark Cases For the CIPA Journal May 2025

1 minute Jul 04 2025

Read More
featured image

Germany: The insured event in the automotive product recall cost insurance

5 minutes Jul 03 2025

Read More
Curiosity line teal background

Restructuring - Australian Retail & Hospitality Series: Part 2 - Creative Restructuring Approaches: What’s Working in Retail & Hospitality Administrations

Jul 03 2025

Read More