Cisse, who is resident in Birmingham, England, but has contacts in Spain, entered into a consultancy agreement with Nansho Constructions (Spain) AS, a company incorporated in Spain. Nansho Constructions (Spain) AS is wholly owned by Nansho Constructions Co Ltd, a company incorporated in England. Negotiations for the contract took place in England and Spain from 15 March to 27 April 2022. On 2 May 2022, Agnes, the Commercial Director of Nansho Constructions (Spain) AS sent a signed copy of the final agreement by email from her office in Spain to Cisse in Birmingham asking Cisse to sign and return it if he agreed with the terms and conditions in the document. On 3 May 2022 Cisse signed and sent the signed copy back to Agnes by email.

Under the agreement, Cisse was to provide technical advice to Nansho Constructions (Spain) AS in relation to its bid for a road constructions contract with the City of Madrid. Cisse would be paid 1.5 million for his services if Nansho Constructions (Spain) AS secured the contract. The payment was to be made into Cissel's bank account in Birmingham. It was expressly stated that the governing law of the agreement was the law of Spain. Cisse spent six months in Spain liaising with the City of Madrid and advising Nansho Constructions (Spain) AS on its strategy for bidding. Nansho Constructions (Spain) AS won the contract, but it is refusing to pay Cisse the agreed fee. It claims that Cisse was not instrumental in securing the contract. Cisse wants to sue Nansho Constructions (Spain) AS for damages for breach of contract. His four witnesses are all resident in Spain. However, he wants the trial to take place in England because he has been advised that whilst he can recover damages of about 2 million in England the maximum amount that can be awarded by a court in Spain is 1.6 million. He has also been informed that the English courts are likely to award legal costs if he wins, but the Spanish courts do not award legal costs. Further, he has read reports in some British newspapers to the effect that judges in Spain are corrupt and are likely to favour a local company such as Nansho Constructions (Spain) AS against a foreign national, like Cisse. Nansho Constructions (Spain) AS has indicated that it wants the trial to take place in Spain and it will vigorously resist any attempt to have a trial in England. Advise Cisse as to the steps that he can take to sue Nansho Constructions (Spain) AS in England and whether the English court will assume jurisdiction to try the case.