Sentences with phrase «valid waiver of immunity»

Not exact matches

He then referred to articles by Dr F.A. Mann (whose own expertise and reputation in the area were considerable) and Dr E.J. Cohn and pointed out that, from the 19th Century, civil law countries had accepted that a waiver of sovereign immunity by a contract was effective, that the speeches in Duff were obiter and did not constitute a majority and that both Duff and Kahan overlooked the fact that submission in the face of the court was not the only form of valid submission since the introduction of a new Rule in the RSC in 1920 that the English court had jurisdiction to entertain an action where there was a contractual submission.

Each repeats the same formulation of the ways in which immunity may be waived, distinguishing between the equally valid methods of waiver in a prior written agreement and an acceptance of the jurisdiction of the court in the face of the court and the proceedings in question.