Sentences with phrase «jurisdiction agreement»
A jurisdiction agreement is a formal agreement between two parties to resolve any legal disputes that may arise between them in a specific designated court or legal jurisdiction. It ensures that both parties are aware and agree upon which court or jurisdiction will have authority to handle any potential legal issues. Full definition
This is so even if the first proceedings are brought in breach of an exclusive jurisdiction agreement.
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Junior counsel in the Court of Appeal in an important case for international litigation concerning the scope and effect of jurisdiction agreements in English and Welsh law.
-- Mauritius Commercial Bank v Hestia Holdings [2013] EWHC 1328 Instructed by Bird and Bird LLP as sole counsel for the Claimant in this $ 15 million Commercial Court dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.
Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the «Recast Regulation») currently ensures that jurisdiction agreements contained in contracts are respected by all EU Member States.
Although judgment had already been given on the litigation, Apex attempted to stay part of the judgment because it related to a share purchase agreement with an exclusive jurisdiction agreement limiting dispute resolution to the courts of Saudi Arabia.
Dismissing the appeal, the court held that Apex had waived its right to rely on the exclusive jurisdiction agreement by engaging in the litigation without raising a jurisdiction challenge earlier.
As Lord Collins of Mapesbury stated in his judgment: «Sensible business people would not have intended that a dispute of this kind would have been within the scope of two inconsistent jurisdiction agreements.
Where there are numerous jurisdiction agreements which might overlap, the parties have to be presumed to be acting commercially and not to intend that similar claims should be the subject of inconsistent jurisdiction clauses.
Instructed by Bird and Bird LLP as sole counsel for the Claimant in this $ 15 million Commercial Court dispute in which the Defendant challenged jurisdiction on the basis (inter alia) that jurisdiction agreements operating in favour of one party only are enforceable.
Challenges to jurisdiction must be made as early as possible in cases involving exclusive jurisdiction agreements, the Court of Appeal has indicated.
Allianz's position on appeal was that reg 44/2001 provides that, when the court of one European member state becomes seised of a matter, all other European courts must not allow the same matter to proceed until the court first seised has ruled, even if the proceedings first seised have purportedly been brought in breach of a jurisdiction agreement.
Challenges to the jurisdiction of the English courts with particular reference to the Brussels I Regulation; exclusive jurisdiction agreements; provisional measures under Article 31; service out of the jurisdiction.
reformation and severability clauses to make sure the agreement is enforced to the maximum extent possible in any jurisdiction
[33] In Mund v. Braun, 2010 BCSC 1714, the IME doctor required the execution of a jurisdiction agreement.
The plaintiff declined to sign it and the court declined to order the plaintiff to sign it on the basis that the court did not have jurisdiction to order the plaintiff to sign a jurisdiction agreement.
15)- scope and application of Articles 27 and 28 of the Brussels Regulation — whether proceedings in England to enforce the settlement and the jurisdiction agreements involved the same cause of action as proceedings in Greece alleged to be in breach of the settlement and the jurisdiction agreement.
Rimpacific v Daehan Shipbuilding [2009] EWHC 2941; [2011] EWHC 2618 (Comm): s anti-suit injunction, Korea, raising issues of separability of a jurisdiction agreement, ostensible authority to enter into a guarantee and proper law.
Jurisdiction Agreements, Declarations, Damages and Compatibility with Regulation 44/2001 A critical discussion of the relationship between section 37 of the Senior Courts Act 1981 and section 44 of the Arbitration Act 1996.
However, the essential task was to construe the jurisdiction agreement in the light of the transaction as a whole.
The question for the court to decide was whether the claims in the English action fell within the jurisdiction agreement in the Dealer's Confirmation.
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.