Not exact matches
Disputes arising in connection with these terms and conditions shall be subject to the exclusive
jurisdiction of the
English courts where the claim is brought by you.
-- The eBooks are provided by ED - ucation Publishing at www.ED-ucation.ca — This prize draw will be governed by
English law and entrants to this prize draw submit to the exclusive
jurisdiction of the
English courts.
-- This competition and prize draw will be governed by
English law and entrants to this competition and prize draw submit to the exclusive
jurisdiction of the
English courts.
-- This prize draw will be governed by
English law and entrants to this prize draw submit to the exclusive
jurisdiction of the
English courts.
All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the
English courts and you consent to the
jurisdiction of and venue in such
courts and waive any objection as to inconvenient forum.
This Agreement shall be governed by and construed in accordance with
English law and the parties hereby agree that the
courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim arising out
of or in connection with this Agreement.
These terms and conditions shall be interpreted in accordance with the Laws
of England and any dispute shall be subject to the exclusive
jurisdiction of the
English Courts.
17.6 These terms and conditions and your use
of our website and Service are governed by
English law and you submit to the non-exclusive
jurisdiction of the
English courts.
* This prize draw is governed by
English law and the
courts of England shall have exclusive
jurisdiction over any dispute arising in connection with it.
Our relationship with you is subject to
English law and the exclusive
jurisdiction of the
English courts.
This promotion is governed by
English law and subject to the exclusive
jurisdiction of the
English courts.
a) These Terms
of Use (and any dispute, controversy, proceedings or claim
of whatever nature arising out
of or in any way relating to them or their formation) and our Privacy Policy shall be governed by and interpreted in accordance with
English law and, for these purposes, the parties irrevocably submit to the exclusive
jurisdiction of English courts.
The terms and conditions
of use
of this Website shall be governed by and construed in accordance with the laws
of England and the
English courts shall have non-exclusive
jurisdiction over any dispute relating to these terms and conditions or the use
of this Website.
In joining the Programme, you are agreeing to submit to the non-exclusive
jurisdiction of the
English Courts in relation to any dispute or claim arising out
of or in connection with the Programme, these Flying Club Terms, their subject matter or their formation (including non-contractual disputes or claims).
These Terms and Conditions are subject to
English Law and the exclusive
jurisdiction of the
English courts.
These Terms and Conditions are governed by
English law and are subject to the exclusive
jurisdiction of the
English Courts.
British Airways and AGL and all Members who do not reside in the USA or Canada submit to the non-exclusive
jurisdiction of the
English courts to resolve any disputes that may arise out
of them.
The question
of jurisdiction will now have to be heard in that foreign member state, which may not deal with issues as swiftly as the
English courts and may increase legal costs by requiring parties to instruct an second set
of legal advisers abroad and in the translation
of court documents and correspondence.
The effect
of this ruling is that even where a contract provides for arbitration in London and is subject to
English law, if proceedings arising out
of that contract are brought in the
court of another European member state, the arbitration in England will have to wait until the proceedings in the foreign
court have been stayed or
jurisdiction has been declined by that
court.
The key benefits
of such injunctions were the speed with which the
English courts can decide upon the issue
of jurisdiction and the ability to have the debate over
jurisdiction in
English rather than a foreign language without the need to instruct legal advisers in another country.
In similar fashion, EC Regulation 44/2001 and the EU
Court of Justice decision
of FBTO v Odenbreit allow British holidaymakers to initiate claims against the EU insurers
of negligent third parties in the
English jurisdiction, provided the country
of origin permits a direct right
of action against an insurer.
That being said, every
jurisdiction is different, and this is more
of a template answer for
English common law (and derivative
courts), than an attempt to describe in detail any specific
jurisdiction's procedures.
He explained his position as follows: «There is no doubt that in this
jurisdiction, when dealing with an application for financial remedies in
English divorce proceedings, the
court will normally apply
English law, irrespective
of the domicile
of the parties, or any foreign connection (see Radmacher para 103).
The B.C. legislature has ousted the inherent
jurisdiction of the
courts whereby the
courts do not have a residual discretion to admit documents in languages other than
English without an
English translation.
This judgment followed on from the well - known decision
of Mr Justice Birss in Unwired Planet v Huawei where he determined that the
English High
Court had
jurisdiction to determine portfolio FRAND on a global basis and could grant a so called FRAND injunction against a defendant if it chose not to enter into the licence on the terms determined by the
Court.
In a scenario which played itself out in various European capitals the measures imposed by the Icelandic government in order to prop up its banking system potentially undermined the agreement's exclusive
jurisdiction clause in favour
of the
English High
Court as well as its governing
English law provision.
In that case the exclusive
English High
Court jurisdiction and
English governing law clauses were contained in a share sale agreement which was the subject
of High
Court proceedings against the German defendant.
All well and good, and I expect that when solicitors are dealing with a situation where one or other spouse is living in another country (France, the USA, the UAE...) they are well aware
of the potential
jurisdiction conflict and act accordingly by ensuring that they have raised proceedings in the
English Courts and so claimed
jurisdiction before alerting the other spouse to the imminent
Court application.
Any interpretation
of its content, claims or disputes (
of whatever nature and not limited to contractual issues) shall be subject to the exclusive
jurisdiction of the
English Courts under
English law.
It examines three different sets
of developments: (i) those areas where judicial intervention in the
English Courts has eroded the principles in cases in fields including arbitration, ancillary relief and financial services regulation, (ii) the developments under the notionally identical
jurisdiction under EU Regulation 1206/2001 and (iii) the emerging jurisprudence under the new
jurisdiction for non-party disclosure under CPR 31.17.
On the other hand the
jurisdiction of English Courts has to be proved through
Court proceedings as the Banks will dispute it.
In the case
of international contracts it is very important to incorporate into the contract that
English law applies and that the
English courts have exclusive
jurisdiction to avoid the risk
of having to litigate abroad.
Acted for applicant companies on applications for cross-border mergers which gave rise to important questions as to scope
of the
English Court's
jurisdiction.
In a useful reminder for parties who might not otherwise consider themselves to be subject to
English jurisdiction, in the recent case
of Bestolov v Povarenkin, the High
Court confirmed that, where a defendant is domiciled in England, the
courts of this country have
jurisdiction and moreover no discretion to decline
jurisdiction.
As with any personal injury claim under
English Jurisdiction, in most cases, you have three years from the date
of an accident to have either settled a claim with the tour operator or to have issued
court proceedings against them.
The Weirs disputed the
jurisdiction of the
English court.
This means that, despite the accident occurring abroad, you would still be able to bring a claim under the
jurisdiction of the
English Courts.
For example, in Khrapunov v JSC BTA Bank the
English Court of Appeal confirmed that an individual in Switzerland who participated in breaches of a worldwide freezing order was susceptible to a claim for unlawful means conspiracy — notwithstanding that he was outside the jurisdiction of the English court (and therefore not bound by the freezing order or susceptible to an order finding him in contempt) and that the actions he took (moving monies on instructions from their owner) were otherwise la
Court of Appeal confirmed that an individual in Switzerland who participated in breaches
of a worldwide freezing order was susceptible to a claim for unlawful means conspiracy — notwithstanding that he was outside the
jurisdiction of the
English court (and therefore not bound by the freezing order or susceptible to an order finding him in contempt) and that the actions he took (moving monies on instructions from their owner) were otherwise la
court (and therefore not bound by the freezing order or susceptible to an order finding him in contempt) and that the actions he took (moving monies on instructions from their owner) were otherwise lawful.
The decision was upheld by the
Court of Appeal which noted that if the
English proceedings had not been stayed, there would be competing litigation in concurrent
jurisdictions as the wife had not applied for a stay
of the Israeli proceedings (and she was prevented from doing so due to the content
of the Consent Order in the Israeli proceedings).
A recent
English court case, Football Dataco Ltd et al. v Sportradar GmbH [2010] EWHC 2911 (Ch), has held that at least for some purposes, the
jurisdiction of a
court over Internet content should be based on where the server was located, and not where the information online was read or used.
The need to be able to explain the purpose
of transfers into offshore holding structures was further emphasised by the
English Supreme
Court in the case
of Prest v Petrodel Resources (which will be influential in the many offshore
jurisdictions whose legal systems are based on
English common law).
So it was fair enough for the
English court not to take
jurisdiction over some
of the disputed activities
of the Swiss and German defendants.
The father sought a declaration under Art 17
of the Brussels II Regulation (Council Regulation EC / 2201/2003)(Brussels II) that the
English courts have no
jurisdiction over the mother's application concerning the children.
Had the arbitration in the Bolivia case been an ICC arbitration or the proceedings in New York substantive ones; or had PDVSA had assets in England and been in the process
of removing them to frustrate an arbitral award, the
english court may well have asserted
jurisdiction and chosen to exercise it.
Our lawyers provide legal advice to clients prior to the issue
of an arrest warrant and legal representation from the point
of arrest, during
Court proceedings and through the appeals process where applicable, whether through the
English legal system or in foreign
jurisdictions.
In terms
of the
English jurisdiction, Tom has particular experience
of acting in the Commercial
Court and Chancery Division
of the
English High
Court.
In particular, this judgment from the
jurisdiction's apex
court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act
court has clarified definitively the limits
of an enforcing
Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act
Court's power to order security as a condition on the right to have a decision
of a properly arguable challenge under the New York Convention 1958 and the
English Arbitration Act 1996.
The
English court is perceived as being generous towards wives compared to many other
jurisdictions, and willing to look at a wide variety
of assets, including trusts, when deciding on appropriate financial provision.
«
Jurisdiction is a big issue and an unquestioned barrier to entry into the jurisdiction of the English courts,»
Jurisdiction is a big issue and an unquestioned barrier to entry into the
jurisdiction of the English courts,»
jurisdiction of the
English courts,» Lifely says.
Whilst it seems likely that the
Courts of many EU Member States would generally continue to recognise
English jurisdiction clauses, in the absence
of a unifying instrument the approaches taken by different EU Member States would almost inevitably be different and quite probably inconsistent.