2001) (observing that "a consent to jurisdiction clause
In such, a scenario, Cases are referred to the Courts of Law and it is here when the Jurisdiction Clause
of the Fire Insurance Policy shall have to be referred to: The Jurisdiction Clause
of the Fire Insurance Policy would expressly name the Competent Courts of Law in the specifically named Cities/Towns of the Country wherein alike cases can only be referred to for litigation.
(48) This point may now be doubted in light of the judgment of Rix LJ, in Ryanair v Esso, a case concerning a non-exclusive jurisdiction clause
. In that case, Rix LJ, with whom Patten LJ and Tomlinson LJ agreed, said: (49)
Further, listing out a series of issues, including maritime related affairs, on which India had expressed reservations over invoking the compulsory jurisdiction, the officer said: In view of the above-mentioned declaration, India cannot invoke the compulsory jurisdiction clause
for filing a case against Sri Lanka which is a member of the Commonwealth and the issue being maritime-related affairs.
'where the foreign jurisdiction clause
offends the public policy of
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.
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