Jurisdiction clause in a contract for work is contradictory and invalid

Facts

The plaintiff [B. GmbH] filed a claim with the Cantonal Court of Obwalden against the defendant [A.] for payment of CHF 85,595.50 plus default interest arising from a contract for work. The defendant disputed the local jurisdiction of the Cantonal Court of Obwalden. The Cantonal Court declared itself competent, which was confirmed by the High Court of the Canton of Obwalden. The defendant filed a complaint against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court states that the jurisdiction clause contained in the contract for work is contradictory and therefore invalid. The clause reads: "The place of jurisdiction or seat of the arbitral tribunal is the domicile/registered office of the defendant (ordinary place of jurisdiction) LUCERNE". On the one hand, the ordinary place of jurisdiction is determined at the domicile of the defendant, on the other hand, Lucerne is named as the place of jurisdiction. This contradiction leads to the fact that the clear intention of the parties to waive the ordinary place of jurisdiction is not expressed. Consequently, there is no valid jurisdiction agreement.

Since there is no effective jurisdiction agreement, the statutory place of jurisdiction at the…