Mahavir Minerals v Cho Yang Shipping «The MC Pearl» [1997] 1 Lloyd's Rep 566: restraining proceedings in breach
of exclusive jurisdiction clause.
Not exact matches
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.
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 defendant.
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.
Northrop stated that the forum selection
clause provided
exclusive jurisdiction to the Courts
of California.
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.
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).
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.
This has led many
jurisdictions across Canada, and around the World, to simply forbid the inclusion
of what the courts refer to as conclusive or complete undertakings to arbitrate» [1], i.e.
exclusive arbitration
clauses.
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.
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.
A recent Grand Court
of the Cayman Islands decision has confirmed that if a party pursues foreign proceedings in breach
of a Cayman Islands
exclusive jurisdiction (or similar)
clause in a contract, that party faces the prospect
of having to pay both the Cayman and foreign litigation costs
of the counterparty on the indemnity basis..
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.
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.
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.
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.
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.»
Some
of the agreements were governed by English law and contained
exclusive English
jurisdiction clauses.
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.
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.
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.
79 DOS 99 Matter
of DOS v. Pagano - disclosure
of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice
of law; unearned commissions; vicarious liability; fraudulent practice;
jurisdiction; ex parte hearing may proceed upon proof
of proper service; DOS has
jurisdiction after expiration
of respondents» licenses as acts
of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using
exclusive right to sell listing agreement without mandatory definitions
of «
exclusive right to sell» and «
exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half
of any deposit if forfeited by buyer as such forfeiture
clause could, by its terms, allow broker to retain part
of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice
of law in preparing contracts for purchase and sale
of real estate which did not contain a
clause making it subject to the approval
of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms
of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts
of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit
of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope
of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof
of payment
of sum
of $ 2,000.00 plus interests for deposits unlawfully retained