Sentences with phrase «of jurisdiction clauses»

The judgment underlines the need for careful drafting and dovetailing of jurisdiction clauses in related agreements, and the importance of considering the wider litigation strategy to be applied to a complex transaction comprising multiple agreements.

- the «Alexandros T»; Of jurisdiction clauses and standard terms: the importance of clarity; Conferences and Events; Corrigendum

The UK could seek to accede to the 2007 Lugano Convention, which — like the Recast Regulation — is designed to promote recognition of jurisdiction clauses within (and outside) the EU.

Subsequently, the appeal court of Angers (Cour d'appel d'Angers) upheld the objection to jurisdiction raised by the company Credit Suisse on the basis of the jurisdiction clause.

Not exact matches

Instead, Judge Roger Miner ruled that the prohibition violated the Fourteenth Amendment's Equal Protection Clause («No State shall... deny to any person within its jurisdiction the equal protection of the laws»).

General If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The invocation of the Cessation Clause is within the jurisdiction of the responsible state parties, not UNHCR, whose role is restricted to making advisory recommendations on its suitability.

But Mr Jack said there was a «substantial» risk the clause would result in «litigation affecting the boundaries of jurisdiction between the courts and parliament».

In 1979, the U.S. Supreme Court determined that unionization at religious schools could not be compelled because it could constitute «a significant risk of infringement of the Religion Clauses of the First Amendment if the act conferred jurisdiction over church - operated schools.»

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction «the equal protection of the laws.»

While the jurisdiction's fiercest competitor, Singapore, may be seen by some as a more neutral seat for the resolution of international commercial disputes in the region, Hong Kong is uniquely positioned to take advantage of Chinese and non-Chinese parties searching for an acceptable compromise over their dispute resolution clauses.

[T] he original jurisdiction of the Supreme Court, in cases where a State is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised in consequence of the character of the party, and an original suit might be instituted in any of the federal Courts, not to those cases in which an original suit might not be instituted in a federal 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.

Such arguments did not constitute the strong and compelling grounds required to stay proceedings before the High Court under an exclusive jurisdiction clause in favour of foreign insolvency proceedings.

The Svea Court of Appeal however dismissed the arguments since the investors failed to convincingly show that an interpretation of the object and purpose of either the BIT as a whole, or the dispute - resolution clause in particular, meant that the arbitral tribunal's jurisdiction included an examination of whether expropriation had occurred.

It even contained an express governing law and jurisdiction clause, the purpose of which the court found difficult to understand «absent an intention to create a legally binding agreement».

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

The Svea Court of Appeal also dismissed the investors» arguments that a MFN - clause in the BIT meant that the dispute resolution clauses in Russia's other BIT's gave the arbitral tribunal jurisdiction over the dispute.

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

Supreme Court Rules Facebook's Jurisdiction Clause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdicJurisdiction Clause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction cClause Unenforceable Robert Kalanda blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdictionjurisdiction clauseclause.

A subsequent clause of the same section gives the Supreme Court original jurisdiction in all cases in which a State shall be a party — the State of Georgia may then certainly be sued in this Court.

The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK.

Cross-Border European Contracts: The Importance of Governing Law and Jurisdiction Clauses In the current European economic climate many businesses that trade with companies based in EU Members States have experienced problems with supply and payment, and there is an upwards trend in cross-border litigation.

Robert Kalanda on Supreme Court of Canada Narrowly Rules Facebook's Jurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against thJurisdiction Clause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against the plaiClause Unenforceable Robert blogs on the 4 - 3 decision by the Supreme Court of Canada that Facebook could not enforce a jurisdiction clause in its terms of use against thjurisdiction clause in its terms of use against the plaiclause in its terms of use against the plaintiff.

A subsequent clause of the same section gives the supreme Court original jurisdiction in all

That said, most contracts now include express clauses indicating what jurisdiction and what law will govern in the event of any dispute between the parties.

The jurisdiction clause of premarital agreements will carry no weight.

Article III, Section 2, Clause 3 of the Constitution says that most of the the Supreme Court's jurisdiction must be exercised «under such Regulations as the Congress shall make.»

The effect of these exclusion clauses will vary between jurisdictions, so I will briefly examine two different effects of law with respect to supply of goods.

«The senior judiciary, along with others, have emphasised the importance of the Government providing clarity on issues relating to proper law clauses, jurisdiction clauses and the recognition and enforcement of judgments,» he said.

Northrop stated that the forum selection clause provided exclusive jurisdiction to the Courts of California.

Thus under the Railway Act privative clauses, comparable in every respect to those currently in the ACT, where the Board is acting without its jurisdiction and has not committed a reviewable error of law interpreting its statute, any errors of fact which it may commit are not reviewable.

Baumgartner supra n. 66, at 795 («Most of the action in transnational litigation in recent years has been in the areas of personal jurisdiction, foreign sovereign immunity, the Alien [Tort Statute], forum selection clauses, and forum non conveniens, tightly followed by the recognition of foreign judgments, and a bit further behind, transnational discovery and the action of state doctrine...»).

Another area of uncertainty concerns the impact on English jurisdiction clauses, and whether these will operate as intended, post-Brexit.

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.

There are, however, several holes in the convention — the biggest one being that it only applies to exclusive jurisdiction clauses — and there are substantial numbers of carveouts, but it would be a lot better than nothing.

In the partnership agreement the jurisdiction clause should refer to the fact that an SLP will be governed by Scottish law and be subject to the jurisdiction of the Court of Session.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

(5) Where a municipality referred to in subsection (1) becomes part of the area of jurisdiction of an English - language public district school board, the municipal council shall pay over to the English - language public district school board the money that is held by the municipality and the money shall be used as set out in clause (4)(b).

AMTF alleges that law firm MMGR induced the former clients to issue proceedings in Germany in breach of the exclusive jurisdiction and applicable law clauses in their contracts.

It was not necessary for there to be a specific reference to the jurisdiction clause itself, the fact that the relevant party does not have a copy of the terms and conditions or the jurisdiction clause in his possession is not relevant» (E Communications Ltd v Vertex Antennentechnik GmBh [2007] 2 All ER (Comm) 798).

The claimant, referring to Art 23 of the Regulation, contended that the parties» contract included the terms of the pro-forma TOWHIRE form which contained an English jurisdiction clause.

Usually, a litigants own lost time will not be a compensable item of damages in legal systems derived from those of England called «common law» jurisdictions (including England, Ireland, the United States, Canada, New Zealand and Australia), unless there is an contractual provision that provides that «time is of the essence» and some liquidated damages clause in the contract that quantifies this harm.

This has led many jurisdictions across Canada, and around the World, to simply forbid the inclusion of what the courts refer to as conclusive or complete undertakings to arbitrate» [1], i.e. exclusive arbitration clauses.

The Court of Appeal also addressed the issue of whether a privative clause that on its face purports to insulate all aspects of an administrative decision from judicial review does, in fact, oust the jurisdiction of the court.

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.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

Whether it's stripping federal courts of jurisdiction, eliminating agencies or re-reading the commerce clause or the takings clause, the activist conservative court that Bush and Co. want will only make responding to the next disaster harder.

The Commission will also be embarking on studies on the protection of persons in the event of disasters and the immunity of State officials from foreign criminal jurisdiction, with the most - favoured - nation clause being a potential topic of future study.