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.
Not exact matches
Notwithstanding the foregoing sentence, (but without
limiting MomLifeTV's right to seek injunctive or other equitable relief in any court of competent
jurisdiction), any disputes arising with respect to this
Agreement shall be referred to an arbitrator affiliated with Judicial Arbitration and Mediation Service («JAMS»).
Such action shall include, but shall not be
limited to, the issuance of orders to cease and desist or to assess civil money penalties, entering into compliance
agreements, seeking injunctive relief from a court of competent
jurisdiction, or any combination thereof.
The electricity sector's share of greenhouse gas emissions in Ontario in 2012 was only about 9 percent of total emissions, compared to the transportation sector with 34 percent and the industrial sector with 30 percent (Ontario, Auditor General 2015), meaning that further environmental gains in the electricity sector are inherently
limited.4 In any event, this impact needs to be compared to other alternatives, such as further enhancing transmission connections and expanding power purchase
agreements with neighbouring
jurisdictions, in particular Quebec and Manitoba, which have substantial clean hydroelectric resources.
Therefore, it seems likely that any such joint court would be
limited to a body of last appeal for questions pertaining to the withdrawal
agreement on citizens» rights within the
jurisdiction of the United Kingdom legal order.
Although the proposals have
limited the substantive remit of such a potential court to citizens» rights, due to this area being the most contentious between the EU and the UK, in principle one could envisage a joint court with
jurisdiction over all aspects of the withdrawal
agreement.
A further disadvantage is the Hague Convention's
limited application only to
agreements that contain exclusive
jurisdiction clauses.
Plus - FINRA's two year
jurisdiction retention does not
limit your arbitration
agreement...
Julian Wilson's appearances in conflicts of law cases include: Sanders v Trigor One
Limited [2014] EWHC 1646 (Comm); [2014] All ER (D) 187, a case on whether a Gibraltar Fund Investment Prospectus contained a concluded English
jurisdiction agreement under Council Regulation (EC) 44/2001, Art 23; Goldstone v Goldstone & Ors [2011] EWCA Civ 39 on the test for territorial
jurisdiction where disputed ownership and control is a preliminary issue in ancillary relief proceedings; Duarte v Black & Decker Corporation [2008] All ER (Comm) 401 on the role of English public policy as the law of the forum in cases involving restrictive covenants; and Foote Cone & Belding v Theron [2006] EWHC 1585 (Ch) a worldwide freezing injunction case concerning the test for domicile and residence for the purposes of territorial
jurisdiction.
Sanders v Trigor One
Limited [2014] EWHC 1646 (Comm) Whether a Gibraltar Fund Investment Prospectus contained a concluded English
jurisdiction agreement under Art 23 Council Regulation (EC) 44/2001.
The B.C. Court of Appeal has provided conflicting decisions on the
jurisdiction of an arbitrator to award equitable relief in the absence of an
agreement by the parties (see Randhawa v. Pepsi Bottling Group (Canada) Co. 2006 BCCA 273, and Hayes Forest Services
Limited v. Teal Cedar Products Ltd. 2008 BCCA 283).
If any provision of this
Agreement is found invalid or unenforceable by a competent
jurisdiction, that provision shall be modified or reformed, whenever permissible under the law, to reflect that provision's original intent as closely as possible, or be
limited or eliminated to the least extend necessary so that the rest of the
Agreement remains in full force and effect.
(4A) The approval, after the commencement of this subsection, of a maintenance
agreement under this section does not exclude or
limit the power of a court having
jurisdiction under this Act to make an order in relation to the maintenance of a party to the relevant marriage if the court is satisfied that, at the time the
agreement was approved, the circumstances of the party were such that, taking into account the terms and effect of the
agreement, the party would have been unable to support himself or herself without an income tested pension, allowance or benefit.
(4C) The approval, whether before or after the commencement of this subsection, of a maintenance
agreement under this section does not exclude or
limit the power of a court having
jurisdiction under Part VII to make any order under that Part in relation to a child of the relevant marriage and, where the
agreement makes provision for the maintenance of a child of the marriage, section 66S applies in relation to the variation of the
agreement, in so far as it makes that provision, as if the
agreement were an order made by consent under that Part by a court in which the
agreement is registered or deemed to be registered.
Where the territory of an MLS exceeds that of the parent association (s), the authority of the MLS to require offices of a participant or a participant's firm to participate in the MLS is
limited to offices located within the
jurisdiction of the association (s) of REALTORS ® that own and operate the MLS or that are parties to a multi-association or regional MLS service
agreement.