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Clause of Jurisdiction.......not

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  • Clause of Jurisdiction.......not

    As it drives a coach and horses through such clauses this ruling has serious implication for ALL contracts that include clauses of jurisdiction, something which our courts have always tended to honour.

    No doubt it'll take a little time for this info to circulate amongst the legal proffession but when it does

    English court can't stop Italian lawsuit despite arbitration agreement, ECJ says | OUT-LAW.COM

  • #2
    Re: Clause of Jurisdiction.......not

    All the defendant has to do is to convince the Italian court that the agreement is valid and that the case must be heard in London. The only difference from before is, that now the Italian court must make that ruling, NOT the British court. So yes, it will make it more difficult however I don't think it will materially effect outcomes except in the form of delays.

    Tom
    I will not provide support by Private Message under any circumstances. This is for your protection and mine. Any advice I give is my own opinion and carries no legal weight. Check it before you use it!
    Over £1200 claimed in several actions against several organisations.

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    • #3
      Re: Clause of Jurisdiction.......not

      Tom having practice in shipping & aviation where such clauses are common place I disagree.

      Incidentally in the past in order to circumvent such clauses, particularly if Greek, I would instruct lawyers in either America or Russia to arrest vessels if berthing there because neither of these countries recognised such clauses

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