Claimant argues that the Court has jurisdiction pursuant to Article 25 Brussels I Recast because the relevant contract contains
an English exclusive jurisdiction clause and further contends that the relevant contract was concluded by AMS Mexico and / or AMS on behalf of AT1 and Ezion as undisclosed principals and that, as undisclosed principals, the contract — together with the jurisdiction agreement — was binding on AT1 and Ezion.
UBS contended that
the English exclusive jurisdiction clause should be construed widely, with a presumption that disputes would be heard by the same tribunal.
If it were otherwise it would appear to follow that a defendant who had at least as good a chance of showing that he did not agree to litigate in England as the claimant had of showing that he did, would be likely to find himself compelled to litigate in England, on the footing that, once a good arguable case was made out in favour of
an English exclusive jurisdiction clause, discretionary considerations would be unlikely to call for the case to be decided elsewhere.
Where proceedings are brought pursuant to
an English exclusive jurisdiction clause, the clause has mandatory effect, and the court is deprived of its common law discretion to stay proceedings in favour of another jurisdiction on classic forum non conveniens grounds.
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.
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.
* 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.
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.
These Terms and Conditions shall be governed by and interpreted in accordance with
English law and the
English courts shall have
exclusive jurisdiction to resolve any disputes between us.
He ruled that the agreement's
English governing law and
exclusive jurisdiction clause was sacrosanct.
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.
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.
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.
The
English courts will have
exclusive jurisdiction over any claim arising from, or related to, a visit to our Site or any aspect relating to use of your data under the Privacy and Cookies Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
10.1 The
English courts will have
exclusive jurisdiction over any claim arising from, or related to, a visit to the Website.
Where parties have entered into an agreement that confers
jurisdiction exclusively on the
English Courts to settle any disputes arising under that agreement, the
English Courts will have
exclusive jurisdiction over such disputes (provided the agreement is valid under
English law).
The Supreme Court has handed down its Judgment in the appeal on AMTF v. Marzillier [2017] UKSC 13, ruling that
English courts do not have
jurisdiction over an inducement to breach an
exclusive English jurisdiction clause.
Bankhaus Wolbern & Co (AG & Co KG)(2) Vision 93 Konserveirungs Und Vermogensverwaltun GS GMBH & Co KG v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm):
jurisdiction challenge by a Chinese Bank in the context of a non
exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.
You irrevocably agree that the courts of England shall have
exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes irrevocably submit all disputes to the
jurisdiction of the
English courts.
On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving
exclusive jurisdiction to the
English courts.
On that basis the court concluded that the
exclusive English jurisdiction clause was insufficiently wide to cover the dispute between the parties.
Some of the agreements were governed by
English law and contained
exclusive English jurisdiction clauses.
It was manifestly incompatible for a dispute falling within a non
exclusive New York
jurisdiction clause also to be the subject of an
exclusive English jurisdiction clause.
The competition and these terms and conditions will be governed by
English law and any disputes will be subject to the
exclusive jurisdiction of the courts of England.
ZH 1006 (2012):
jurisdiction challenge by a Chinese Bank in the context of a non
exclusive English jurisdiction clause raising issues as the applicability of Art 23 Judgments Regulation and relevance of a Chinese Court Order prohibiting payment by the Chinese Bank under a refund guarantee.
The
English courts shall have
exclusive jurisdiction over any dispute arising out of the use of this website.