FORUM NON CONVENIENS. THE PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING IN CONNECTION WITH THE LOAN DOCUMENTS SHALL BE TRIED AND LITIGATED ONLY IN THE STATE AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FEDERAL COURTS LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK; PROVIDED, THAT, ANY SUIT SEEKING ENFORCEMENT AGAINST ANY COLLATERAL OR OTHER PROPERTY MAY BE BROUGHT, AT LXXXXX’S OPTION, IN THE COURTS OF ANY JURISDICTION WHERE LENDER ELECTS TO BRING SUCH ACTION OR WHERE SUCH COLLATERAL OR OTHER PROPERTY MAY BE FOUND. EACH LOAN PARTY AND LENDER WAIVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, ANY RIGHT EACH MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR TO OBJECT TO VENUE TO THE EXTENT ANY PROCEEDING IS BROUGHT IN ACCORDANCE WITH THIS SECTION.
FORUM NON CONVENIENS. 20. The parties hereby irrevocably waive any objections on the grounds of venue or forum non conveniens to the jurisdiction of the Courts of England or The Netherlands in the event that any proceedings are brought in either jurisdiction in accordance with clause 19.
FORUM NON CONVENIENS. (h) It is understood and agreed that any person or entity that desires to become a Pledgor hereunder, or is required to execute a counterpart of this Stock Pledge Agreement after the date hereof pursuant to the requirements of any Document, shall become a Pledgor hereunder by (x) executing a Joinder Agreement in form and substance satisfactory to the Pledgee, (y) delivering supplements to such exhibits and annexes to such Documents as the Pledgee shall reasonably request and (z) taking all actions as specified in this Agreement as would have been taken by such Pledgor had it been an original party to this Agreement, in each case with all documents required above to be delivered to the Pledgee and with all documents and actions required above to be taken to the reasonable satisfaction of the Pledgee.
FORUM NON CONVENIENS. MBIA agrees to waive any right to stay or to dismiss any action or proceeding brought against it before the courts of France on the basis of forum non conveniens.
FORUM NON CONVENIENS. 27. When dealing with the forum issue previously referenced, the Court also had significant regard to Spilada Maritime Corp v Cansulex Ltd [1987] AC 460.
FORUM NON CONVENIENS. 61 15.04 Successors and Assigns..............................................................61 15.05 Modification........................................................................61 15.06
FORUM NON CONVENIENS. The forum non conveniens is defined as a discretionary power of a court to decline jurisdiction on the basis that another court is more appropriate because the interest of justice is better secured if the trial takes place there.243 In the civil-law countries, there is usually no discretionary power to continue in proceedings in the presence of a foreign choice-of-court agreement.244 Civil-law states prefer certainty and predictability rather than flexibility, which the doctrine of forum non conveniens offers. It must be stressed that such flexibility is more time consuming and might require more expenses. Moreover, forum non conveniens may give rise to fears of an adverse conflict of jurisdiction or parallel litigation. Civil-law states tend to prefer a lis alibi pendens rule. Different positions on the doctrine of forum non conveniens may be found in Britain (and other states influenced by British law and the Spiliada case),245 243 On forum non conveniens see among others R.A. BRAND, S.R. XXXXXXXXX, Forum Non Conveniens: History, Global Practice, and Future under the Hague Convention on Choice of Court Agreements, Oxford University Press, 2007. 244 In German law, ex officio dismissal of the local proceedings is inadmissible, similarly according to Swiss, Dutch, Greek, Finnish, and Japanese law. The French and Argentinian courts must dismiss the claim upon fulfilment of certain conditions. See X. X. XXXXXXX, General Report, in X. X. XXXXXXX (ed), Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law, Oxford University Press, 1995, p. 48. 245 Spiliada Maritime Corp v Cansulex Ltd [1986] AC 460. The court stated that there must be another available competent forum which satisfies the interests of the parties. Xxxx Xxxx set up two principles of the process. The first stage concerns the burden of the defendant to prove that there is another available and more appropriate forum. The second stage is concerned with considerations of justice – the burden shifts to the plaintiff to show the circumstances by reason of which justice requires that a stay should nevertheless not be granted. USA,246 Quebec,247 Japan,248 and also even in Sweden.249 However, not all states where forum non conveniens forms part of the procedural system, is the doctrine applicable to choice-of- court agreements. For example, in Japan, although explicit provisions on the choice of the foreign forum are lacking, the...
FORUM NON CONVENIENS. The parties hereby expressly agree that this agreement shall not be governed by the United Nations convention on contracts for the international sale of goods.
FORUM NON CONVENIENS. 29 SECTION 1.13. Legal Holidays............................................................. 29 SECTION 1.14. Execution in Counterparts.................................................. 29 SECTION 1.15. Inspection................................................................. 29 SECTION 1.16. Survival of Representations and Warranties................................. 30
FORUM NON CONVENIENS. (g) Neither the Members nor the arbitrators may disclose the existence or results of any arbitration under this Agreement or any evidence obtained, discovered, or presented during the course of the arbitration without the prior written consent of all the Members, other than (i) by filing of any arbitration award or entry of a judgment upon any arbitration award as provided in Section 14.7(f), (ii) to the Members’ Affiliates and their representatives, or (iii) as required by applicable law.