Sentences with phrase «jurisdiction clause a»

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.

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.

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.

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.

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

Whether a jurisdiction clause applies to a dispute is a question of construction.

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

On that basis the court concluded that the exclusive English jurisdiction clause was insufficiently wide to cover the dispute between the parties.

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.

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).

Subsequently, the appeal court of Angers (Cour d'appel d'Angers) upheld the objection to jurisdiction raised by the company Credit Suisse on the basis of the jurisdiction clause.

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.

Incorporation of dispute resolution provisions by reference — whether reference to a «law and arbitration» clause is sufficient to incorporate an English jurisdiction clause — scope of prior decision in The Merak - grant of contractual anti suit injunction to restrain foreign proceedings.

This was, furthermore, the approach of the CJEU in Case C - 352 / 13 CDC v Akzo [2015] QB 906, in which it was held that a clause ``... which abstractly refers to all disputes arising from contractual relationships» would not cover tortious liability as a result of a cartel, because ``... the undertaking which suffered the loss could not reasonably foresee such litigation at the time that it agreed to the jurisdiction clause» (paras 69 - 70).

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.

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.

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 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.

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.

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

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).

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.

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.

It was not necessary for there to have been an agreement specifically as to the jurisdiction clause.

The claimant, referring to Art 23 of the Regulation, contended that the parties» contract included the terms of the pro-forma TOWHIRE form which contained an English jurisdiction clause.

It was not necessary for there to be a specific reference to the jurisdiction clause itself, the fact that the relevant party does not have a copy of the terms and conditions or the jurisdiction clause in his possession is not relevant» (E Communications Ltd v Vertex Antennentechnik GmBh [2007] 2 All ER (Comm) 798).

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.

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.

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

It is therefore clear on the case law that a jurisdiction clause in a premarital agreement could be an important and persuasive factor for an English court when considering the appropriate forum for divorce proceedings where the alternative jurisdiction is a non-EU country.

The jurisdiction clause of premarital agreements will carry no weight.

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.

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.

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».

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.

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.

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.

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.

«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.

Another area of uncertainty concerns the impact on English jurisdiction clauses, and whether these will operate as intended, post-Brexit.

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.

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.

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.

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

They were governed by ISDA master agreements and contained English law and jurisdiction clauses.

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

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

It is worth considering incorporating English jurisdiction clauses in agreements relating to international transactions.