where the foreign jurisdiction clause
offends the public policy of
It is further reason for parties to consider using the DIFC Courts, as the availability of such orders severely reduces the prospect of one party ignoring an arbitration clause or exclusive jurisdiction clause
, or otherwise attempting to cause problems by filing proceedings in its home jurisdiction.
A forum-selection clause--also referred to as a jurisdiction clause
or choice of court clause--is a contract between the parties where they agree that their future disputes will be resolved by the court of a specified jurisdiction.
The dispute centred on whether the obligations of BES under a facility agreement - which included an English jurisdiction clause
- had transferred to Novo Banco or remained with BES, following various decisions by the Bank of Portugal.
Prior to the DIFC Courts, commercial disputes were heard by the Dubai Courts unless a company had stipulated a jurisdiction clause
in its contract that permitted cases to he heard elsewhere.
English courts also can give prompt declaratory judgments on points of coverage, and issue injunctions against foreign proceedings brought in breach of an English jurisdiction clause
A jurisdiction clause
such as the one below is critical in an engagement letter for out-of-state clients.
A representative of the disabled from eastern Laghman province, Syed Sharif, also slammed the jurisdiction clause
as violative of Islamic teachings.
I am not convinced that a unified approach to forum non conveniens, where a choice of jurisdiction clause
constitutes but one factor to be considered, is preferable.
The parties to a contract usually decide upon the jurisdiction of a body to hear any dispute arising from the contract in the jurisdiction clause
13) Other important decisions of Spigelman CJ included Global Partners Fund Ltd v Babcock and Brown Ltd, (14) which involved the enforcement of a jurisdiction clause
in a multi-party situation, and the extent to which a bit of artful pleading could be used as a jurisdictional anchor.
He said both were covered by an exclusive jurisdiction clause