Jurisdiction Clause in UK Law
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Bols Distilleries BV and another v Superior Yacht Services Ltd
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The rule is that the court must be satisfied, or as satisfied as it can be having regard to the limitations which an interlocutory process imposes, that factors exist which allow the court to take jurisdiction. In practice, what amounts to a "good arguable case" depends on what requires to be shown in any particular situation in order to establish jurisdiction.
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Donohue v Armco Inc. and Others
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If contracting parties agree to give a particular court exclusive jurisdiction to rule on claims between those parties, and a claim falling within the scope of the agreement is made in proceedings in a forum other than that which the parties have agreed, the English court will ordinarily exercise its discretion (whether by granting a stay of proceedings in England, or by restraining the prosecution of proceedings in the non-contractual forum abroad, or by such other procedural order as is appropriate in the circumstances) to secure compliance with the contractual bargain, unless the party suing in the non-contractual forum (the burden being on him) can show strong reasons for suing in that forum.
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UBS AG & UBS Securities LLC v HSH Nordbank AG
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Whether a jurisdiction clause applies to a dispute is a question of construction. Where the parties have entered into a complex transaction it is the jurisdiction clauses in the agreements which are at the commercial centre of the transaction which the parties must have intended to apply to such claims as aremade in the New York complaint and reflected in the draft particulars of claim in England.
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Deutsche Bank AG v Asia Pacific Broadband Wireless Communications Inc.
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The next proposition is that a jurisdiction clause, like an arbitration clause, is a separable agreement from the agreement as a whole. It is only if the jurisdiction clause is itself under some specific attack that a question can arise whether it is right to invoke the jurisdiction clause. Examples of this might be fraud or duress alleged in relation specifically to the jurisdiction clause.
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Premium Nafta Products Ltd v Fili Shipping Company Ltd
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In my opinion the construction of an arbitration clause should start from the assumption that the parties, as rational businessmen, are likely to have intended any dispute arising out of the relationship into which they have entered or purported to enter to be decided by the same tribunal. The clause should be construed in accordance with this presumption unless the language makes it clear that certain questions were intended to be excluded from the arbitrator's jurisdiction.
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Aggeliki Charis Compania Maritima S.A. v Pagnan S.p.A. (The Angelic Grace)
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In my judgment, where an injunction is sought to restrain a party from proceeding in a foreign court in breach of an arbitration agreement governed by English law, the English Court need feel no diffidence in granting the injunction, provided that it is sought promptly and before the foreign proceedings are too far advanced.
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Turner v Grovit
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Under English law, a person has no right not to be sued in a particular forum, domestic or foreign, unless there is some specific factor which gives him that right. The applicant does not have to show that the contractual forum is more appropriate than any other; the parties' contractual agreement does that for him.
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Contracts (Rights of Third Parties) Act 1999
... ... (7) The jurisdiction conferred on the court by subsections (4) to (6) is exercisableF6in ... ...
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Equality Act 2010
... ... this Act includes a reference to committing a breach of an equality clause or rule ... Annotations: Commencement Information # I3 S. 27 wholly in ... outside the United Kingdom;(b) make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in ... ...
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Petroleum Act 1987
... ... (6) Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to proceedings for ... of petroleum) .(2) In clause 9(1) —(a) for “paragraphs (2) to (4) ” there shall be substituted ... ...
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Sex Discrimination Act 1975
... ... Enforcement in employment field ... 63: Jurisdiction of employment tribunals ... ...
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Anti‐suit Injunctions and the Doctrine of Comity
Hin‐Pro International Logistics Limited v CSAV is an important case in the areas of anti‐suit injunctions, contractual interpretation and private international law. Despite the ambiguities surround...... ... Despite the ambiguities surrounding the jurisdiction clause contained in the bills of lading, the Court of Appeal con- strued ... ...
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Gone but not Forgotten: In Defence of Hickman
Judicial review of executive action is the stage upon which all three arms of government engage in stark interplay. The High Court, by virtue of s 75(v) of the Constitution, is vested with supervis...... ... vested with supervisory jurisdiction to undertake judicial review of executive action and ... High Court had given effect to a so-called no-invalidity clause ... ...
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Approaches to Jurisdiction Clauses in Anglophone African Common Law Countries: Principle and Policy
... ... Suppose further that their contract contains within it a clause by which the parties agree that disputes arising out of the contract ought to be determined by the courts of Sierra Leone. 1 Where a dispute arises ... ...
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Jurisdiction Clauses in Transnational Company Relationships
... ... on jurisdiction and the enforcement of judgments in civil and commercial matters (Brussels Convention) - jurisdiction clause in the articles of associ- ation of a German holding-AG: Case C-214/89 PowellDuffrynpie. v. Wolfgang Petereit [1992] ECR 1755: pragmatism ... ...
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Third State jurisdiction clause respected – Owusu considered
To what extent, if at all, does the English court have discretion to decline jurisdiction over proceedings commenced on the basis of domicile of the defendant, if the appropriate forum is a third s...
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English court refuses to respect foreign exclusive jurisdiction clause
Despite an exclusive jurisdiction clause in favour of the Angolan courts, the High Court was satisfied that England was the appropriate forum to hear a claim by the Republic of Angola and Angola’s ...
- Parties' Arbitration Agreement Trumps Exclusive Jurisdiction Clause
- 'Jurisdiction Clause as Attached'- What if it Isn't?