As a result of its own behaviour, therefore, the defendant is estopped from invoking the forum selection clause to avoid the jurisdiction of the court to which it has already attorned.
(129) Parties that have concluded a valid foreign jurisdictional agreement know that a Quebec court will not hear their case, no matter the connections to the province or the risk of multiple proceedings, unless the defendant has attorned. Priority has been granted to party autonomy over other policies and principles.
As Morrison, Gertner and Afarian point out, courts should be less willing to allow a defendant to go to another court and undermine a final judgment than in the case of an unnamed non-resident plaintiff who is only said to have attorned
to the court's jurisdiction by failing to opt-out.
purport to voluntarily attorn
the plaintiff class in different fora is
Under such an agreement, the holder of the superior interest agrees not to disturb the tenant's possession of the space under its lease, while the tenant agrees to "attorn
to the grantor" - i.e., recognize the grantor as landlord and be legally bound to that party under the tenant's lease if the grantor ousts the landlord and succeeds to its interest.
Kentucky Governor race: Republican candidateAaAeAeA Matt Bevin is a millionai investor and political outsider barely trailing behindAaAeAeA Democratic Attorn
General Jack Conway for the open seat.
When the bailee attorns
to the buyer he becomes the bailee of the buyer and ceases to be the bailee of the seller, his original bailor.