Podcast
Questions and Answers
What is the primary basis for the Court's decision to reject the use of section 11(2) to ignore the EJCs in the 2017 and 2020 Distribution Agreements?
What is the primary basis for the Court's decision to reject the use of section 11(2) to ignore the EJCs in the 2017 and 2020 Distribution Agreements?
- The doctrine of forum non conveniens
- The doctrine of lis pendens
- The mandatory terms of section 12(1) (correct)
- The Hartley-Dogauchi Report on Article 5(2) of the Hague Convention
According to the Hartley-Dogauchi Report, what are the two legal doctrines that may require a court to consider deciding a dispute in a court of another State?
According to the Hartley-Dogauchi Report, what are the two legal doctrines that may require a court to consider deciding a dispute in a court of another State?
- Choice of court agreements and jurisdiction clauses
- Forum non conveniens and lis pendens (correct)
- Forum shopping and anti-suit injunctions
- Asymmetric jurisdiction and exclusive jurisdiction
What is the significance of the Etihad Airways PJSC v Flöther case in relation to asymmetric clauses?
What is the significance of the Etihad Airways PJSC v Flöther case in relation to asymmetric clauses?
- It established that asymmetric clauses are not exclusive jurisdiction clauses
- It held that asymmetric clauses are exclusive jurisdiction clauses for the purposes of the recast Brussels Regulation (correct)
- It introduced the concept of asymmetric clauses in international contract disputes
- It rejected the application of the recast Brussels Regulation to international contract disputes
Why did the Court reject the argument that article 31(2) was an exception from the first seised rule in article 29?
Why did the Court reject the argument that article 31(2) was an exception from the first seised rule in article 29?
What is the purpose of article 31(2) in the recast Brussels Regulation?
What is the purpose of article 31(2) in the recast Brussels Regulation?
What is the relationship between the Hague Convention and the recast Brussels Regulation according to Air Berlin's argument?
What is the relationship between the Hague Convention and the recast Brussels Regulation according to Air Berlin's argument?
What is the significance of the doctrine of forum non conveniens in the context of international contract disputes?
What is the significance of the doctrine of forum non conveniens in the context of international contract disputes?
What is the primary purpose of choice of court agreements in international contract disputes?
What is the primary purpose of choice of court agreements in international contract disputes?
What is the significance of exclusive jurisdiction clauses in international contract disputes?
What is the significance of exclusive jurisdiction clauses in international contract disputes?
What is the relationship between the doctrine of lis pendens and the doctrine of forum non conveniens?
What is the relationship between the doctrine of lis pendens and the doctrine of forum non conveniens?
