Guernsey Judgment 35/2009 - Winnetka Trading Corp v Bank Julius Baer

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Law Reform (Miscellaneous Provisions) (Guernsey) Law, 1857 - appeal from grant of anti-suit injunction - construction of jurisdiction clauses in three agreements between the Bank and its customer, Winnetka - whether the jurisdiction clause had been incorporated in the agreement between the parties - alleged oral representations that the clause would not be relied on by the Bank - legal principles for the grant of an anti-suit injunction - exclusive and non-exclusive jurisdiction clauses - transitive and intransitive uses of the word 'submit' - any ambiguity to be construed contra proferentem - appeal allowed - oral application for leave to appeal to the Judicial Committee refused