Sentences with phrase «selection clause»

Overview Actual Cash Value or ACV Additional Insurance Clause Cancellation of Coverage Clause Choice of Law Clause Forum Selection Clause

Al Safat (2014): Anti suit injunction against Kuwaiti insurers in respect of commencement of proceedings in non-contractual forum raising issues of enforceability of the forum selection clause in the bill of lading as a matter of Kuwaiti law and effect of Article 23 of the Judgments Regulation.

The Court of Appeal for British Columbia allowed the appeal, holding that the respondent's forum selection clause should be enforced and granting a stay of proceedings.

Supreme Court of Canada Considers Enforceability of Forum Selection Clause in Douez v Facebook

In June 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc's (Facebook) terms of service.

As a result, a party's effort to avoid a Delaware forum selection clause by commencing suit in a different state can be defeated if the proper steps are taken.

Facebook argued that the British Columbia (BC) court should decline jurisdiction because California was the designated choice of jurisdiction according to its forum selection clause.

In cases where contracting parties have expressly agreed to a legally enforceable forum selection clause, the Delaware Supreme Court has held that courts must honor the parties» contract and enforce the clause, even if, absent any forum selection clause, the first - filed rule might otherwise require a different result.

The BC Court of Appeal allowed Facebook's appeal, holding that its forum selection clause should be enforced (2015 BCCA 279, reversing 2012 BCSC 2097).

The SCC allowed the appeal, finding that, while the Privacy Act does not override the forum selection clause, the Applicant had established strong reasons not to enforce the clause.

The defendants collectively moved to stay the Plaintiff's claim, relying on a forum selection clause in the ESA which stated: «The contractual parties agree that German law is binding and to settle any disputes by a binding arbitration through the «Industrie und Handelskammer» (Chamber of Commerce) in Frankfurt.»

The plaintiff appealed on two grounds: that the motion judge erred in i) interpreting the scope of the forum selection clause and ii) staying the action against the defendants who were not party to the... Read More

An appellate decision enforcing a contractual forum - selection clause, reversing the trial court's refusal to enforce the clause.

And then, of course, there's Shekhdar v. K&M Engineering and Consulting Corp., 2004 CanLII 19241 (ON S.C.), which, though reversed, 2006 CanLII 17742, led subsequent judges, in Skyway Canada Ltd. v. Clara Industrial Services Ltd., 2005 CanLII 42253 (ON S.C.), para, 23, and Chateau Des Charmes Wines Ltd. v. Sabate, USA, Inc., 2005 CanLII 39869 (ON S.C.), para. 28, to say, «A forum selection clause will not induce a court to take jurisdiction if the action has no real and substantial connection with the jurisdiction».

The B.C.C.A. allowed the appeal, holding the forum selection clause should be enforced and granting a stay of proceedings.

The enforceability of a forum selection clause in other types of contract could therefore be challenged when constitutional and quasi-constitutional rights are at stake.

Under Illinois law, a forum selection clause is generally valid and should be enforced unless (1) the opposing party shows that it would violate a strong public policy of the state in which the case is filed or (2) enforcing the clause would be unreasonable in that it is so inconvenient that it basically deprives the party of its day in court.

On June 23, 2017, the Supreme Court of Canada (SCC) released its decision in Douez v Facebook, Inc, 2017 SCC 33, refusing to enforce the forum selection clause contained in Facebook Inc's (Facebook) terms of service.

Importance: Before the Court of Appeal, Facebook submitted the judge erred in (1) interpreting section 4 of the Privacy Act to override the forum selection clause; (2) holding the plaintiff had shown strong cause to not enforce the forum selection clause; and (3) failing to decide whether California or B.C. law applied to the merits.

The forum selection clause should be enforced.

This legislated list of factors must be reconciled with the common law test found in Z.I. Pompey Industrie v. ECU - Line N.V., 2003 SCC 27 [Pompey] as to whether a court should decline to exercise its territorial competence because of a forum selection clause.

The comment is inspired by a recent dispute about Facebook's ability to enforce its forum - selection clause.

A majority of the Court held that a forum selection clause in Facebook's terms of use should not be enforced.

The License Agreement contained a forum selection clause identifying New York as the chosen forum for adjudicating disputes...

Northrop brought a motion to dismiss the Plaintiff's claim, arguing that the Ontario Court should decline jurisdiction based on the RFP Terms and Conditions» forum selection clause.

Northrop stated that the forum selection clause provided exclusive jurisdiction to the Courts of California.

Douez relied on s. 4 of the B.C. act, which says that any «action under this Act must be heard and determined by the Supreme Court» in B.C., arguing that the provision should override the forum selection clause in Facebook's user agreement.

a forum selection clause, stating that «either Party may only bring suit in federal or state court in the state from which this Order is issued»; and

Major sued ServiceMagic in Missouri state court, but ServiceMagic moved to dismiss citing the forum selection clause.

If a party commences a legal proceeding in a different forum than the one set out in the contract, the other party may attempt to stay the proceedings and enforce the forum selection clause.

«It uses its forum selection clause in its franchise agreements to force all litigation in its favoured court, the federal court located in Miami.

The U.S. Supreme Court provides greater certainty surrounding the enforcement of forum - selection clauses - As the global business world continues to shrink and commerce increasingly takes on national and multinational dimensions, companies both large and small are faced with the...

The discussion focused on the interpretation and legal support behind forum / venue selection clauses, merger clauses, arbitration provisions, prevailing party clauses, jury waivers, and others.

Forum selection clauses are widely upheld by Japanese courts.

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...»).

It offers more than 200 model arbitration and forum selection clauses and associated provisions for international contracts.

International Arbitration and Forum Selection Agreements: Drafting and Enforcing, Fourth Edition Drawing on a wealth of practical experience and academic analysis, this extensively revised and expanded fourth edition offers model arbitration and forum selection clauses for international contracts and explains the advantages and disadvantages of different approaches.

Forum selection clauses can be challenged when fraud is a factor in the case.

«Forum Selection Clauses After Atlantic Marine,» 3rd Annual ACI Admiralty and Maritime Claims and Litigation Seminar, February 27 - 28, 2014

Chief Justice Bauman first addressed the friction between legislation and jurisprudence with respect to forum selection clauses.

Forum - Selection Clauses in Construction Contracts — After Atlantic Marine - Construction Update

I can review the contracts and discuss important features such as arbitration clauses, forum - selection clauses, insurance requirements, indemnity provisions, and similar language so that you have a full understanding of what's happening and can make an informed decision.

Though parties often think of forum selection clauses as throwaway «boilerplate» language, a recent case demonstrates the influence such a clause can have on where litigation takes place.

This test has mostly been applied in commercial contexts, where forum selection clauses are generally enforced to hold sophisticated parties to their bargain, absent exceptional circumstances.

[1] Forum selection clauses purport to oust the jurisdiction of otherwise competent courts in favour of a foreign jurisdiction.

Similarly, in the recent B.C. privacy class action against Facebook, Douez v. Facebook, Inc., the court rejected that Seidel applied because of the lack of any forum selection clauses in the Privacy Act.

A 3rd Circuit Lesson in Why Words Matter: Forum Selection Clauses - The Legal Intelligencer - A recent 3rd Circuit decision demonstrates how seemingly innocuous word choices can have far - reaching results.

See, e.g., selected cases on forum selection clauses highlighted on these pages over the last ten years - plus, including reference to a recent update of Delaware statutes validating such provisions in corporate bylaws.

In Douez, the majority of the Supreme Court of Canada held that forum selection clauses in consumer contracts require special and different treatment than forum selection clauses in commercial contracts.

Not exact matches

First, the only the thing that the Constitution actually says about the selection and voting of the state's electors is the following in Article II, Section 1, Clause 2: