Merck KGaA v Merck Sharp & Dohme Corp and others

Conflict of laws – Jurisdiction. In the course of proceedings concerning a trade mark dispute between the claimant company, Merck KGaA and the defendant company, a preliminary issue arose as to the governing law of an agreement entered into between the parties. The Chancery Division held that, on the facts, the agreement was governed by German law rather than the law of New Jersey.

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