What is a non-exclusive jurisdiction?

Non-exclusive jurisdiction clauses Choosing non-exclusive jurisdiction will, in principle, provide for disputes to be heard in the courts of a particular jurisdiction but without prejudice to the right of one or other of the parties to take a dispute to the courts of any other jurisdiction if appropriate.

What is exclusive and non-exclusive jurisdiction?

An exclusive jurisdiction clause imposes a contractual obligation on the parties to sue or be sued in the nominated jurisdiction, whereas a non-exclusive jurisdiction clause nominates the “preferred” jurisdiction (ie parties can still commence proceedings elsewhere should they wish to do so).

What if there is no jurisdiction clause?

What happens when there is no governing law clause? If there is no governing law clause, then the court overseeing your case will decide. Fighting the case in the wrong jurisdiction can result in a breach of contract case in civil court with litigation lawyers.

Can two courts have exclusive jurisdiction?

Ltd.5, held that “it is no more res-integra that in a dispute between parties where two or more courts may have jurisdiction, it is always open for them by agreement to confer exclusive jurisdiction by consent on one of the two courts”.

What’s the difference between exclusive jurisdiction?

Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court may take jurisdiction over the case.

Can Governing law and jurisdiction be different countries?

The choice of governing law needs not to be the same as the choice of forum, and the parties can choose different jurisdictions depending on the type of dispute. However, for obvious reasons, it is usually sensible to make them the same.

Can an agreement be governed by two jurisdictions?

The choice of jurisdiction is different than the venue. Parties can opt to choose different jurisdictions based on the dispute type.

What is the exclusive jurisdiction of the Singapore courts?

Jurisdiction of Singapore courts. 24.1.1 The Chargor irrevocably submits to the exclusive jurisdiction of the Singapore courts to settle any dispute or claim arising out of or in connection with this Deed ( including a dispute regarding the existence, validity, enforceability or termination of this Deed) (a “Dispute”).

Does a non-exclusive jurisdiction clause mean that proceedings brought in Hong Kong?

In the recent decision in Orchard Capital I Ltd v Ravindra Kumar Jhunjhunwala the Singapore Court of Appeal has overturned the decision of the High Court and confirmed that a non-exclusive jurisdiction clause in favour of the Hong Kong courts did not mean that proceedings brought in the Singapore courts instead were to be stayed.

What is the general analysis of non-exclusive jurisdiction?

The general analysis depends on the court’s adjudication of the case as a whole, taking the non-exclusive jurisdiction clause into account as just one of the factors to consider in ascertaining whether the action concerned ought to be stayed, with the weight attributed to the clause depending on the precise circumstances of the case.

What is exclusive jurisdiction clause?

exclusive jurisdiction clause – this type of clause provides a more restrictive framework by stipulating that any dispute can only be submitted to an agreed country’s courts.