Sentences with phrase «exclusive jurisdiction clauses»

Depending on what these provisions say, they are known as preclusive clauses, finality clauses, privative clauses or exclusive jurisdiction clauses.

A further disadvantage is the Hague Convention's limited application only to agreements that contain exclusive jurisdiction clauses.

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.

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.

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.

When is an exclusive jurisdiction clause not an exclusive jurisdiction clause, asks James Watthey

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.

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.

Mahavir Minerals v Cho Yang Shipping «The MC Pearl» [1997] 1 Lloyd's Rep 566: restraining proceedings in breach of exclusive jurisdiction clause.

In particular, Jeremy was the successful Junior Counsel for Scott Law in the Court Appeal, in the leading case of RBS v Highland, where the Court found that the «unclean hands» of RBS meant it should not be granted anti-suit injunctive relief, despite an exclusive jurisdiction clause.

Conversely, in Ryanair Ltd v Esso Italiana Srl [2015] 1 All ER (Comm), the Court of Appeal held that the absence of any viable form of contractual complaint about an allegedly cartelised price rendered it impossible to claim that a competition law complaint about the same price was within an exclusive jurisdiction clause.

UBS contended that the English exclusive jurisdiction clause should be construed widely, with a presumption that disputes would be heard by the same tribunal.

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.

Not exact matches

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.

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

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).

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.

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.

A recent Grand Court of the Cayman Islands decision has confirmed that if a party pursues foreign proceedings in breach of a Cayman Islands exclusive jurisdiction (or similar) clause in a contract, that party faces the prospect of having to pay both the Cayman and foreign litigation costs of the counterparty on the indemnity basis..

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.

The company» Danne holding patrimoniale» concluded with the company» Crédit suisse», based in Switzerland, two credit framework contracts including a jurisdiction clause stating that the borrower acknowledges that the exclusive place of jurisdiction for all proceedings is Zurich or the place of the bank branch where the relationship is established.

It would undermine the agreements of the parties, and foster abusive tactics, if the jurisdiction clauses in these agreements were to be treated not as exclusive, but as non-exclusive.»

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.

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.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained