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Expert witnesses are also likely to be resident in, or operating in the US. If anything, Poriadoj would be inclined to draw the conclusion that the court should not grant an anti-suit injunction, at least where both courts are in Regulation States.

They are no more than the standard considerations that arise in arguments about forum non conveniens. Advanced Search Find a Library. In those circumstances, I do not consider that the mechanism for which the draft order provides is unfair or oppressive in, in effect, requiring Joltid to come back to court for a variation of the order if there are particular proceedings which it asserts ought to be allowed to be commenced or continued; or if there is a dispute about whether particular proceedings fall within the ambit of the exclusive jurisdiction clause.

Any injunction prohibiting a claimant from bringing such an action must be seen as constituting interference with the jurisdiction of the foreign court which, as such, is incompatible with the system of the Convention. On 12 MayJoltid served its Defence and Counterclaim. In particular, eBay Inc and Skype Inc a wholly owned subsidiary of Skype Technologies entered ;oriadok a purchase agreement with a number of investors: While on holiday the claimant was seriously injured; and he brought an action in England for damages.

Allied to this consideration is the question whether there are other parties who are not entitled to the benefit of the exclusive jurisdiction exekucnny who are involved in the same or closely related disputes. Cancel Forgot your password?

Moreover even in domestic law the test for the grant of a stay of domestic proceedings on the one hand, and the restraint of foreign proceedings on the other, is not exactly the same. It follows therefore that the existence of parallel proceedings and the possibility of inconsistent decisions cannot amount to a strong reason not to enforce the clause by injunction.


You may send this item to up to five recipients. Consequently they must be taken to have deliberately chosen a neutral forum for the determination of their disputes; 2. In all cases Joltid claims damages and an injunction to restrain further infringement. Tak v tomto rozhodnuti NS SR som sa asi trochu stratil. The reason underpinning these considerations is the understandable desire of the English court to avoid parallel proceedings and the possibility of inconsistent decisions: All these allegations, except possibly the defence based on waiver, rely on the continued effect of the License Agreement.

The majority of the witnesses of fact who will be giving evidence in the US proceedings are resident in the United States; 6. In turn, Skype Technologies should be required to undertake to be bound as against Joltid by the final decision of the English Courts in the UK proceedings for the purposes of the US proceedings. It is for the court second seised to rule on its own jurisdiction.

This software is fundamental to Skype’s business. The claims in the US proceedings relate to activities carried out in the United States; 4. The third order sought is an order requiring Joltid to discontinue the US exelucny as against Skype Technologies.

exwkucny Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws exemucny England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

Joltid says that the terms of the purchase agreement made it clear that the new owners were required to continue operating Skype in the normal course of business, consistent with Skype Technologies’ past practice, including reproducing the GI Source Code.


Home About Help Search. However, formatting rules can vary widely between applications and fields of interest or study. Whether a claim falls within an agreed jurisdiction clause is a question of interpretation of the clause in question.

Don’t have an account? Remember me on this computer. I am inclined to agree with Mr Hollander that the decision of the ECJ in Owusu has now removed discretionary considerations such as those relating to forum non conveniens from playing any part in the decision of exskucny court in a Member State from staying its own proceedings.


Exekučný poriadok in English with contextual examples

The factors on which Mr Calver relies as the strong reasons for not enforcing the exclusive jurisdiction clause by injunction are: If businessmen go to the trouble of agreeing that their disputes be heard in the courts of a particular country or by a tribunal of their choice they do not expect at any rate when they are making the contract in the first place that time and expense will be taken in lengthy argument about the nature of particular causes of action and whether any particular cause of action comes within the meaning of the particular phrase they have chosen in their arbitration clause.

The object code is to be distinguished from the source code which is a human-readable exekucnny of the software. Equally, this court has no jurisdiction to prevent Joltid pofiadok bringing proceedings in California against parties who do not have the benefit of the exclusive jurisdiction clause. Paragraph 39 refers to the proceedings in this court. Find a copy in the library Finding libraries that hold this item It is only if Joltid succeeds in this court that the claims made in the US proceedings get off the ground against Skype Technologies.

Although Lord Hoffmann’s discussion of arbitration clauses did not expressly include jurisdiction clauses, he applauded Longmore LJ’s judgment; and Lord Hope clearly regarded jurisdiction clauses and arbitration clauses as serving similar purposes with the result that their interpretation should be approached in the same way. Allow this favorite library to be seen by others Keep this favorite library private.

It follows, therefore, that Pooriadok claim against Skype Technologies for direct infringement cannot be split into pre- and post March segments. All of these factors were eminently foreseeable when Skype Technologies and Joltid agreed the exclusive jurisdiction clause.