Effects and Nature of the Choice-of-Court Agreements Sample Clauses

Effects and Nature of the Choice-of-Court Agreements. The nature of the choice-of-court agreements and the relationship between the substantive law on one side and procedural law on the other side has not been clarified due to its “hybrid nature”.95 The impossibility of drawing the distinction between procedural and substantive law is caused by the fact that it is a private contract and simultaneously falls under the law of procedure. The nature of the jurisdiction agreement represents a key for comprehension of consideration of its legal binding determination on the national, EU and international level. There are several doctrinal discussions regarding the nature of the choice-of-court agreements and regarding the effects produced in respect to jurisdiction of the courts and in respect to the parties. In this Subchapter, the effect and nature are analysed on the general level. The considerations concerning the effects and the nature of jurisdiction clauses, which are subordinated to the national regime, come into play on the residual basis or when the EU 106/95, Mainschiffahrts-Genossenschaft eG (MSG) v Les Gravières Rhénanes SARL, 20 February 1997, ECLI:EU:C:1997:70, par. 31-35 92 Emphasis added. The reason is that six out of seven jurisdictional grounds are based on habitual residence. 93 On the problem of “rush to court” see infra Chapter Three, Subchapter I, Section 2.6. 94 Any agreement between the parties will be “in the shadow of the law”: X. X. XXXXXXX, La disciplina del diritto di visita nel regolamento(CE) n. 2201/2003, Rivista di diritto internazionale privato e processuale (2005,), p. 339 at 360. On Article 15 see X. XXXXXX, X. XXXXXXX, Article 15, in X. XXXXXX, X. XXXXXXXXX (eds), Brussels IIbis Regulation: 2017, European Commentaries on Private International Law, Xxxx Xxxxxxx, Sellier European Law Publishers, 2017, p. 173. It is uncommon to use the forum non conveniens within the Brussels system in the virtue of ECJ, Case C-281/02, Xxxxxx Xxxxx v X. X. Xxxxxxx, trading as “Villa Holidays Bal-Inn Villas” and Others, 1 March 2005, ECLI:EU:C:2005:120, which represents a risk for the principle of legal certainty. 95 X. XXXXXXX, Choice-of-Court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention, Oxford University Press, 2013, p. 129, X. XXXXX, The Nature and Enforcement of Choice of Court Agreements: A Comparative Study. Studies in Private International Law, Xxxx Publishing, 2017, p. 7. regulations and the i...
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Related to Effects and Nature of the Choice-of-Court Agreements

  • Jurisdiction and Venue; Waiver of Jury Trial This Agreement shall be deemed to have been made in the State of Florida and shall be subject to, and governed by, the laws of the State of Florida, and no doctrine of choice of law shall be used to apply any law other than that of the State of Florida. Each Party hereby irrevocably consents and submits to the exclusive jurisdiction of the Circuit Court of Xxxx County, Florida, for all purposes under this Agreement, and waives any defense to the assertion of such jurisdiction based on inconvenient forum or lack of personal jurisdiction. The Parties also agree to waive any right to jury trial.

  • Governing Law; Choice of Forum; Waiver of Jury Trial (A) This Agreement and any claim, controversy or dispute arising under or related to this Agreement, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties shall be enforced, governed, and construed in all respects (whether in contract or in tort) in accordance with the federal law of the United States if and to the extent such law is applicable, and otherwise in accordance with the laws of the State of New York applicable to contracts made and to be performed entirely within such State. Each of the parties hereto agrees (a) to submit to the exclusive jurisdictions and venue of the United States District Court of the District of Columbia and the United States Court of Federal Claims for any and all civil actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby, and (b) that notice may be served upon (i) the Purchaser at the address and in the manner set forth for notices to the Purchaser in Section 7.05 and (ii) the Seller at the address and in the manner set forth for notices to the Seller in Section 7.05, but otherwise in accordance with federal law.

  • CHOICE OF LAW, JURISDICTION, AND VENUE Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver.

  • Binding Effect; Choice of Law This Lease shall be binding upon the parties, their personal representatives, successors and assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located.

  • Jurisdiction and Choice of Law This Agreement shall be construed according to English law and any disputes arising under it shall, subject to the provisions of clause 19 above, be determined in the Law Courts of England and Wales.

  • Governing Law, Jurisdiction and Venue No Waiver of Jury Trial: This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.

  • Governing Law, Jurisdiction and Venue; No Waiver of Jury Trial This Agreement will be governed by the laws of the State of Vermont. Any action or proceeding brought by either the State or the Party in connection with this Agreement shall be brought and enforced in the Superior Court of the State of Vermont, Civil Division, Washington Unit. The Party irrevocably submits to the jurisdiction of this court for any action or proceeding regarding this Agreement. The Party agrees that it must first exhaust any applicable administrative remedies with respect to any cause of action that it may have against the State with regard to its performance under this Agreement. Party agrees that the State shall not be required to submit to binding arbitration or waive its right to a jury trial.

  • Choice of Law and Forum; Service of Process (i) This contract shall be deemed made in Durham County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the North Carolina General Court of Justice, in Durham County. Such actions shall neither be commenced in nor removed to federal court. This subsection (a) shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this subsection. (ii) If the Contractor is not a natural person (for instance, the Contractor is a corporation or limited liability company), this subsection (ii) applies. “Agent for Service of Process” means every person now or hereafter appointed by the Contractor to be served or to accept service of process in any State of the United States. Without excluding any other method of service authorized by law, the Contractor agrees that every Agent for Service of Process is designated as its non-exclusive agent for service of process, summons, and complaint. The Contractor will instruct each Agent for Service of Process that after such agent receives the process, summons, or complaint, such agent shall promptly send it to the Contractor. This subsection (ii) does not apply while the Contractor maintains a registered agent in North Carolina with the office of the N. C. Secretary of State and such registered agent can be found with due diligence at the registered office.

  • Governing Law and Choice of Forum (a) This Agreement will be construed and enforced according to the laws of the State of Delaware, without giving effect to the conflict of laws principles thereof.

  • Jurisdiction and Governing Law Jurisdiction over disputes with regard to this Agreement shall be exclusively in the courts of the State of Illinois, and this Agreement shall be construed and interpreted in accordance with and governed by the laws of the State of Illinois, without regard to the choice of laws provisions of such laws.

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