Christy Funsch23



 

Exclusive Jurisdiction Agreement

The choice of non-exclusive jurisdiction provides in principle that disputes are tried in the courts of a particular court, without prejudice to the right of either party to bring, if necessary, a dispute before the courts of another jurisdiction. Such clauses create security to the extent that you know that disputes can be heard in a particular jurisdiction that you find attractive, but if jurisdiction is to be required elsewhere, it is available. Although they offer greater flexibility, there is a risk of parallel proceedings, particularly where the parties or one of them reside outside the European UNION.5 The respondent requested a stay of the Singapore proceedings on the grounds (a) of this special jurisdiction clause and (b) the reason for the non-convenian Forum. The respondent`s application was rejected by the Assistant Clerk at Chambers, but was overturned by the Singapore Supreme Court, which held that the jurisdiction clause was the intention of the parties to declare Hong Kong as the jurisdiction of the election. On appeal, Singapore CA reinstated the Assistant Clerk`s decision not to grant a stay of proceedings. The application for a protection injunction was made following the acquisition of a stake in Team Y-R Holdings Hong Kong Ltd (Y-R) by Cavendish Square Holding BV (Cavendish) from Mr. Ghossoub. Mr. Ghossoub retained a 20% interest in Y-R after the conclusion of the sales and sale agreement (SPA) and had a service contract with Y-R. With respect to the scope of the exclusive jurisdiction clause, the judge found that, in the absence of a clarity to the contrary, it was unlikely that the parties would intend to submit to the English court for disputes in which the English courts would not have been able to create an appeal or give appeal. This case, which involved a shareholder`s petition claiming that a company`s business in Hong Kong was unjustified, was an example. However, since the underlying disputes, which were encapsulated by the petition about unfair prejudice, were strongly linked to alleged offences at the OSG, Mr.

Ghossoub breached the exclusive jurisdiction clause when he opened the proceedings in Hong Kong. In the development of a jurisdiction clause, there are three possibilities: exclusive jurisdiction clauses choose a jurisdiction and a single jurisdiction, the courts will judge disputes arising from the contract. Canadian courts generally maintain exclusive foreign jurisdiction clauses, unless the party challenging the clause demonstrates a “strong cause” of not applying the clause and authorizing legal action in Canada. There is nothing to prevent you from inserting a clause that simultaneously confers exclusive jurisdiction on two states, which may be preferred if the contracting parties reside in different jurisdictions and it is not possible to reach an agreement on the preferred national jurisdiction.