Next, let's imagine a dispute between members of different faiths where the agreement was documented by the more powerful litigant and imposes a mandatory mediation clause requiring the mediator to be of a specific faith (similar to specifying
the governing jurisdiction clause that most agreements now contain).
Not exact matches
Also looking for «
governing law and
jurisdiction»
clause and also «language»
clause in the contract.
He ruled that the agreement's English
governing law and exclusive
jurisdiction clause was sacrosanct.
On a more fundamental level, each contract may have different
governing law and
jurisdiction clauses, leading to situations where different approaches to policy coverage are likely to occur in the separate
jurisdictions that
govern the reinsurance and underlying insurance.
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.
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».
Governing law and jurisdiction: Along with other boiler plate clauses, the governing law and jurisdiction clauses should be included, particularly where the preliminary agreement records binding arra
Governing law and
jurisdiction: Along with other boiler plate
clauses, the
governing law and jurisdiction clauses should be included, particularly where the preliminary agreement records binding arra
governing law and
jurisdiction clauses should be included, particularly where the preliminary agreement records binding arrangements.
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.
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.
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.
They were
governed by ISDA master agreements and contained English law and
jurisdiction clauses.
Governing law and jurisdiction clause A governing law clause enables the parties to specify the system of law that will apply to the interpretation of an agreement and its effect if a disput
Governing law and
jurisdiction clause A
governing law clause enables the parties to specify the system of law that will apply to the interpretation of an agreement and its effect if a disput
governing law
clause enables the parties to specify the system of law that will apply to the interpretation of an agreement and its effect if a dispute arises.
Section 19 renders illegal a «
governing law»
clause which stipulates that the contract is subject to the laws of a
jurisdiction other than the Province of Quebec and the laws of Canada applicable therein.
A
governing law and
jurisdiction clause — these agreements are, in my experience, almost never litigated, but they do often cross borders, so a clear statement of what laws and courts apply is helpful.
Others were
governed by New York law and contained either non-exclusive New York
jurisdiction clauses or were silent on the issue of
jurisdiction altogether.
Some of the agreements were
governed by English law and contained exclusive English
jurisdiction clauses.