Exclusive jurisdiction: Difference between revisions
Jump to navigation
Jump to search
Amwelladmin (talk | contribs) No edit summary |
Amwelladmin (talk | contribs) No edit summary |
||
| Line 1: | Line 1: | ||
{{a|negotiation|}}[[Governing law]] chat. Mostly pretty tedious, but the [[litigation department]] will get excited about it. Draw what conclusions about them, therefore, as you wish. | {{a|negotiation|}}[[Governing law]] chat. Mostly<ref>“Mostly”.</ref> pretty tedious, but the [[litigation department]] will get excited about it. Draw what conclusions about them, therefore, as you wish. The fun<ref>As in “fun”.</ref> questions will be such as these: | ||
*Should the courts of (say) [[England and Wales]] have [[Exclusive jurisdiction|exclusive]] or [[non-exclusive jurisdiction]] to hear disputes. Even though the contract is governed by English law, might an Italian court — or a chamber of the Luxembourgouisie — have a stab at arbitrating it? Now I know what you are thinking. In what messed up, purblind existence would one be seriously entertaining a foreign court being asked to apply English law? Just go to an English court! It is a fair question, but you might have a Malaysian [[broker]] contracting with a Venezuelan [[asset manager]] under [[English law]], in which case it might be a pain in the posterior for both to schlep up to the [[courts of chancery]] in Fleet Street to sort out the inevitable dispute. | |||
{{seealso}} | |||
*[[Rome II]], for just some of the reasons a [[governing law]] clause is so batteringly convoluted. | |||
{{ref}} | |||
Revision as of 16:13, 11 March 2019
|
Negotiation Anatomy™
|
Governing law chat. Mostly[1] pretty tedious, but the litigation department will get excited about it. Draw what conclusions about them, therefore, as you wish. The fun[2] questions will be such as these:
- Should the courts of (say) England and Wales have exclusive or non-exclusive jurisdiction to hear disputes. Even though the contract is governed by English law, might an Italian court — or a chamber of the Luxembourgouisie — have a stab at arbitrating it? Now I know what you are thinking. In what messed up, purblind existence would one be seriously entertaining a foreign court being asked to apply English law? Just go to an English court! It is a fair question, but you might have a Malaysian broker contracting with a Venezuelan asset manager under English law, in which case it might be a pain in the posterior for both to schlep up to the courts of chancery in Fleet Street to sort out the inevitable dispute.
See also
- Rome II, for just some of the reasons a governing law clause is so batteringly convoluted.