The latest dispute between the two Apple companies raises an important issue – can a contract can be made in two places at once? And if so, does this create a problem in establishing which is the right jurisdiction to try a dispute in respect of that contract?
In April 2003, Apple Computer launched a new web-site called iTunes. Apple Corps, The Beatles’ company, claimed this was in breach of an agreement made in 1991, and duly started an action in the High Court in England in August 2003. Apple Computer responded by challenging the jurisdiction of the English Court and in October 2003 launching its own case in California for a negative declaration that it was not in breach.
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