Breach of a Non-Competition Clause in a Joint Commodity Index Cooperation Agreement: How Should Damages be Calculated in the Absence of a Penalty Clause?

In a complex dispute arising from a cooperation agreement for the joint creation and commercialization of a commodity index, the Federal Supreme Court addressed three main questions.

Conflicting choice of forum clauses contained in a contract and its general terms and conditions: which clause prevails?

A choice of forum clause contained in the contract itself prevails over conflicting clauses contained in the parties’ general terms and conditions.