Sentences with phrase «jurisdiction clause in»

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).

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.

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.

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.

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.

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

The insurers and their servants and agents successfully sought relief to enforce the settlement and the English jurisdiction clauses in the settlement and in the insurance policy in both the original English action and in fresh proceedings.

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.

It would undermine the agreements of the parties, and foster abusive tactics, if the jurisdiction clauses in these agreements were to be treated not as exclusive, but as non-exclusive.»

This would allow VTB to rely on the English jurisdiction clauses in the loan documents, reinforcing its jurisdiction argument.

Where the parties have entered into a complex transaction it is the jurisdiction clauses in the agreements at the commercial centre of the transaction which the parties must have intended to apply to the claims being made.

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.

Not exact matches

General If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

But Mr Jack said there was a «substantial» risk the clause would result in «litigation affecting the boundaries of jurisdiction between the courts and parliament».

In 1979, the U.S. Supreme Court determined that unionization at religious schools could not be compelled because it could constitute «a significant risk of infringement of the Religion Clauses of the First Amendment if the act conferred jurisdiction over church - operated schools.»

The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction «the equal protection of the laws.»

Also looking for «governing law and jurisdiction» clause and also «language» clause in the contract.

While the jurisdiction's fiercest competitor, Singapore, may be seen by some as a more neutral seat for the resolution of international commercial disputes in the region, Hong Kong is uniquely positioned to take advantage of Chinese and non-Chinese parties searching for an acceptable compromise over their dispute resolution clauses.

[T] he original jurisdiction of the Supreme Court, in cases where a State is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised in consequence of the character of the party, and an original suit might be instituted in any of the federal Courts, not to those cases in which an original suit might not be instituted in a federal Court.

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 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 defendanIn 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 defendanin a share sale agreement which was the subject of High Court proceedings against the German defendant.

The Svea Court of Appeal however dismissed the arguments since the investors failed to convincingly show that an interpretation of the object and purpose of either the BIT as a whole, or the dispute - resolution clause in particular, meant that the arbitral tribunal's jurisdiction included an examination of whether expropriation had occurred.

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

The Svea Court of Appeal also dismissed the investors» arguments that a MFN - clause in the BIT meant that the dispute resolution clauses in Russia's other BIT's gave the arbitral tribunal jurisdiction over the dispute.

The Svea Court of Appeal found that when the relevant dispute - resolution clause (article 10) in the BIT is interpreted in accordance with article 31 and 30 of the Vienna Convention on the Law of Treaties («the Vienna Convention»), it only covers jurisdiction over issues relating to the amount, or method of payment, of compensation paid in the event of an expropriation, and not over the issue as to whether expropriation of an investment has occurred or not.

A subsequent clause of the same section gives the Supreme Court original jurisdiction in all cases in which a State shall be a party — the State of Georgia may then certainly be sued in this Court.

The aim of BIMCO and the IG has been to produce a clause which should be recognised and given effect to in most of the major jurisdictions, including the US and UK.

A subsequent clause of the same section gives the supreme Court original jurisdiction in all

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 particular, clauses embedded in supply agreements entered into between multinational companies and subcontractors based in jurisdictions without reliable enforcement mechanismIn particular, clauses embedded in supply agreements entered into between multinational companies and subcontractors based in jurisdictions without reliable enforcement mechanismin supply agreements entered into between multinational companies and subcontractors based in jurisdictions without reliable enforcement mechanismin jurisdictions without reliable enforcement mechanisms.

Thus under the Railway Act privative clauses, comparable in every respect to those currently in the ACT, where the Board is acting without its jurisdiction and has not committed a reviewable error of law interpreting its statute, any errors of fact which it may commit are not reviewable.

Baumgartner supra n. 66, at 795 («Most of the action in transnational litigation in recent years has been in the areas of personal jurisdiction, foreign sovereign immunity, the Alien [Tort Statute], forum selection clauses, and forum non conveniens, tightly followed by the recognition of foreign judgments, and a bit further behind, transnational discovery and the action of state doctrine...»).

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.

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.

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.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

(5) Where a municipality referred to in subsection (1) becomes part of the area of jurisdiction of an English - language public district school board, the municipal council shall pay over to the English - language public district school board the money that is held by the municipality and the money shall be used as set out in clause (4)(b).

AMTF alleges that law firm MMGR induced the former clients to issue proceedings in Germany in breach of the exclusive jurisdiction and applicable law clauses in their contracts.

(d) in all cases other than those referred to in clauses (a), (b) and (c), is entitled to attend a school that is operated by an English - language public district school board that has jurisdiction in the prescribed municipality.

It is worth noting that binding arbitration clauses in standard form contracts (like between websites and their many users) are not legal in many jurisdictions (e.g. Australia) but are legal in others (e.g. USA).

Usually, a litigants own lost time will not be a compensable item of damages in legal systems derived from those of England called «common law» jurisdictions (including England, Ireland, the United States, Canada, New Zealand and Australia), unless there is an contractual provision that provides that «time is of the essence» and some liquidated damages clause in the contract that quantifies this harm.

The Court of Appeal also addressed the issue of whether a privative clause that on its face purports to insulate all aspects of an administrative decision from judicial review does, in fact, oust the jurisdiction of the court.

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.

On judicial review the chambers justice dismissed the application on the basis that he was bound by the Court of Appeal decision in Ostrensky v. Crowsnest Pass, 1996 ABCA 18 in regards to the effect of a tie vote and that the privative clause in the Teaching Profession Act «insulated all decisions from judicial review except on questions of jurisdiction».

The Commission will also be embarking on studies on the protection of persons in the event of disasters and the immunity of State officials from foreign criminal jurisdiction, with the most - favoured - nation clause being a potential topic of future study.

The privative clause in this case did not preclude judicial review of the decision, which the Court of Appeal found exceeded the Appeal Committee's jurisdiction in any event.

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.

Full Faith and Credit Clause Requires Personal Jurisdiction in Divorce Cases The U.S. Constitution requires that every state give full faith and credit to other state judgments.