Alternatively, the Special Tribunal may determine that it retains jurisdiction over actions already commenced before Nakheel was carved out of Dubai World, on the grounds that Nakheel, in those proceedings, has submitted to the jurisdiction of the Special Tribunal. (hadefpartners.com)
The appellants counter that the Ontario court should not assume jurisdiction over the actions because they are essentially American in substance or, alternatively, because the Illinois court is a more appropriate forum than the Ontario court. (slaw.ca)
If, given the circumstances of the claim, the party would strongly prefer the claim to be determined by the Special Tribunal, then a Claim Form should be issued before Nakheel is carved out — in case it subsequently transpires that the Special Tribunal only retains jurisdiction over actions which have already been commenced. (hadefpartners.com)