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AKD | Netherlands | 13 Oct 2021

Forum selection clauses may not be binding for private individuals

Dispute resolution clauses and jurisdiction clauses that designate where disputes will be heard are a common feature of contractual agreements. Recently, in a dispute that involved the construction and purchase of a new-build motor yacht, the Amsterdam Court ruled that a foreign individual was not subject to a forum selection clause. The decision is a reminder that forum selection clauses in......
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Davis Wright Tremaine LLP | USA | 3 Dec 2019

The Importance of a Forum Selection Clause

Contracts often include a forum selection clause to designate the location of any future litigation between the parties. A recent Ohio case…
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Commonsense Construction Law LLC | USA | 6 Nov 2019

Is This a Forum Selection Clause, or Not?

Forum selection clauses have become commonplace in construction contracts. Most general contractors take steps to ensure that they can bring their…
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Knobbe Martens | USA | 22 Apr 2019

Common Forum Selection Clause in License Agreement Prevents Patent Validity Challenge at PTAB

On April 18, 2019, the Federal Circuit issued a non-precedential opinion that is making stakeholders in the patent licensing community sit up and…
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Borden Ladner Gervais LLP | Canada | 28 Mar 2019

Attempting to consolidate arbitral and non-arbitrable disputes can compromise arbitration agreements

The Ontario Superior Court recently considered the application and operability of an arbitration clause in a subcontract in the context of a related claims proceeding under a related main contract. The case highlights the challenges involved in drafting pre-dispute arbitration clauses that will operate effectively when multiple claims arise between multiple parties under multiple contracts.
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Herbert Smith Freehills LLP | China, Hong Kong | 27 Mar 2019

Hong Kong court interprets PRC-Law governed jurisdiction clauses

In天津市裕豐隆資產管理有限公司 v Ho Kin Wa and Another, HCA 2405/2014 (unrep., 8 March 2019), the Hong Kong Court of First Instance exercised its discretion to…
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Herbert Smith Freehills LLP | Hong Kong | 5 Mar 2019

Hong Kong court grants anti-suit injunction to bind third party to arbitration agreement

In Dickson Valora Group (Holdings) Co Ltd v Fan Ji Qian [2019] HKCFI 482, the Hong Kong Court of First Instance has granted an anti-suit injunction…
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RPC | United Kingdom | 19 Feb 2019

Is a 'good arguable case' good enough? Court of Appeal considers test for establishing jurisdiction

A recent Court of Appeal decision has confirmed that the test for deciding whether a claimant has a good arguable case is relative. Where a court lacks the evidence to decide which party has the better argument, a more flexible approach should be adopted. In circumstances where the evidence is thin, it is not all relative and claimants are required only to demonstrate a plausible evidential......
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Bird & Bird LLP | European Union, United Kingdom | 27 Jan 2019

Brexit: Cross-Border Disputes update - good news for contracts containing English exclusive jurisdiction clauses

As the political uncertainty surrounding Brexit increases, the UK government is preparing for a potential 'no deal' scenario. In the context of…
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Sheppard Mullin Richter & Hampton LLP | USA | 25 Jan 2019

California Court of Appeal Enforces Delaware Forum Selection Bylaw

In Drulias v. 1st Century Bancshares, Inc., No. H045049, 2018 WL 6735137 (Cal. App. Dec. 21, 2018), the California Court of Appeal, Sixth Appellate…
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