By contrast, non-exclusive jurisdiction clauses identify a jurisdiction that the parties agree may hear their disputes but accept that, in the appropriate circumstances, courts in other jurisdictions may have jurisdiction over a dispute. …
What is exclusive and non-exclusive jurisdiction?
The use of non-exclusive jurisdiction clauses is common within cross-border commercial contracts. This is in contrast with exclusive jurisdiction clauses which are more restrictive in nature, prescribing that parties can only submit a dispute to the particular jurisdiction as specified in the clause.
What happens if there is no jurisdiction clause?
What happens if there is no governing law clause or jurisdiction clause? The absence of governing law clauses and jurisdiction clauses results in major uncertainty if there is a commercial dispute. Such absence also minimizes the likelihood of a successful conclusion of a contractual claim.
What means non-exclusive?
not limited to only one person or organization, or to one group of people or organizations: a non-exclusive agreement/deal/licence They have entered into a non-exclusive distribution agreement.
What means non exclusive?
What if there is no governing law 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.
What is a non contractual obligation?
Non-contractual obligations are an internally coherent part of the law of obligations, and they are fundamentally different from contractual obligations. Unjustified enrichment and tort law should therefore not be treated as independent or opposed types of obligations.
What law governs international contracts?
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the main convention for international sale of goods. Established by UNCITRAL, the Convention governs the conclusion of the sale contract; and buyer and seller obligations, including respective remedies.
What is non exclusive list?
A non-exclusive listing arrangement means your listing will be posted on the MLS system and other agents will have the opportunity to bring potential buyers to your home. The advantage of this type of arrangement is the exposure of your home.
What is another word for non exclusive?
Synonyms & Near Synonyms for nonexclusive. general, generalized, generic, universal.
How does the Singapore Court of Appeal interpret non-exclusive jurisdiction clauses?
The Singapore Court of Appeal gives guidance on the interpretation of non-exclusive jurisdiction clauses. non-exclusive jurisdiction clause – this type of clause allows the parties to submit a dispute arising from an agreement to a particular country’s courts, while leaving the parties free to commence proceedings in another country’s courts.
Does the second agency agreement contain Singapore exclusive jurisdiction?
The later agency agreement (the “ Second Agency Agreement ”) contained a Singapore exclusive jurisdiction clause. The Court of Appeal found that the only operative dispute resolution provision was the one in the Second Agency Agreement as it contained a clause which superseded the First Agency Agreement (the “ Supersession Clause ”).
What is the effect of the non-exclusive jurisdiction clause?
The CA held that the jurisdiction clause was a non-exclusive jurisdiction clause. In ascertaining the effect of the non-exclusive jurisdiction clause, the CA was of the opinion that there were two central strands of analysis which may be applied: (a) a contractual analysis; and (b) a general analysis.
Can a defendant apply for a stay in Singapore?
The usual connecting factors in the Spiliada analysis will generally not suffice. If Singapore is not the forum named in the non-exclusive jurisdiction clause, then the defendant may apply for a stay or to set aside service on the basis that Singapore is forum non conveniens.
