Sentences with phrase «jurisdiction clause»

A person having this background knowledge would see that there was scope for the various jurisdiction clauses to clash.

The key question was whether or not the dispute itself fell within the contractual scope of the relevant jurisdiction clause.

Since none of the parties was domiciled in England, UBS relied on the English exclusive jurisdiction clause in the Dealer's Confirmation so as to establish the English court's jurisdiction.

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.

Parties will have to fully consider whether an exclusive English jurisdiction clause in a cross-border agreement will grant them the protection of the full range of English legal remedies given the particular circumstances of the matter.

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.

Consideration of the Brussels I regulation and the ECJ Owusu v Jackson decision and its impact on jurisdiction clauses and parallel proceedings in respect of non-Regulation states.

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.

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.

If jurisdiction clauses designating the English courts are not effectively respected in the EU, this will make such clauses considerably less popular.»

Summing up is done in para 70, with justifiable emphasis on parties» and the Regulation's intentions (but as noted with considerable reference to precedent and principles of statutory interpretation): Thus with the asymmetric jurisdiction clauses in the present case, the defendants agreed to sue only in the courts of one EU Member State, England.

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).

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.

Expert on English arbitration law; recent cases include Lisnave v CST (Commercial Court, 2013: whether an arbitration clause to be implied); BAIC v Matelec (Commercial Court, 2013: whether ARIAS arbitration clause prevailed over Kenyan jurisdiction clause).

The decision was important for the treatment of the issue regarding the identity of the carrier, and the validity of the particular jurisdiction clause commonly found in ocean bills of lading.

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 dispute arises.

In this issue: Competing jurisdiction clauses and the «one stop adjudication» presumption; Arbitration agreements and determining the choice of law: a recent English case; How to freeze a Swiss bank account; Conferences and events

They would then decide if the contract is subject to the laws of X or Y. Given that A is presumably savvy enough to put in a choice of jurisdiction clause specifying X, the law of X probably applies.

Had the agreement containing the English exclusive jurisdiction clause stood on its own, then the court would have had sympathy with UBS's submissions that the clause should be given a wide construction.

In contrast, UBS submitted that it was not necessary to go into the details of the transaction, that it was likely a result of the parties» negotiations that led to different contracts with differing jurisdiction clauses.

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.

On appeal UBS submitted that, since HSH's misrepresentation claim in the New York proceedings concerned the issue and transfer of the Kiel Notes, the Dealer's Confirmation was the agreement by which HSH invested in the transaction and accordingly the misrepresentation claim would clearly fall within the Dealer's Confirmation jurisdiction clause.

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 Liquimar guarantee contained a governing law and an asymmetric jurisdiction clause, which was essentially similar in the other loan agreements.

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

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

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.

He ruled that the agreement's English governing law and exclusive jurisdiction clause was sacrosanct.

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».

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 jurisdiction clause.

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 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.

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 the plaintiff.

The jurisdiction clause of premarital agreements will carry no weight.

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

«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.

Jurisdiction for (1) could not be challenged as the settlement agreement contained an English law and jurisdiction clause.

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.

This would ensure that the choice of jurisdiction will be respected, and should prevent counterparties attempting to exploit the uncertainty and seek to avoid a jurisdiction clause by launching proceedings in another country.

In this scenario, it will be all the more important for Claimants seeking to rely on an English jurisdiction clause to commence proceedings without delay, and thereby pre-empt any attempt by one's opponent to obstruct the claim.

A different route would be for the UK to ratify the 2005 Hague Convention on Choice of Law Agreements (which applies to all EU Member States except Denmark), but this Convention only requires recognition of exclusive jurisdiction clauses.

Jonathan Harris: The Hague Convention on Choice of Court Agreements is interesting because if there's a jurisdiction clause for a contracting state, then all other contracting states must give up jurisdiction and respect it.

A jurisdiction clause can be considered but the parties» decision may be constrained.