by Editor | Oct 2, 2020 | Case Summaries, Commercial Issues, Jurisdiction + Forum
The Ontario Court of Appeal recently addressed an interprovincial commercial dispute in which contractual choices of law and forum played a central role, overturning the decision of the Superior Court and granting the appellant relief. Ref: Quickie Convenience Stores...
by Editor | Jun 17, 2020 | Case Summaries, Jurisdiction + Forum
Arnold Van Steenderen, Van Steenderen Mainport Lawyers, Rotterdam Ref: Rotterdam District Court, judgment of 22 January 2020 1.CMR case. Jurisdiction. Arbitration clause in article 23 Dutch Forwarding Conditions (‘Fenex Conditions’) Article 1022 DCCP. Article 1021...
by Editor | Dec 30, 2019 | Commercial Issues, Jurisdiction + Forum, National Issues
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada A recent Supreme Court of Canada decision in respect of a claim by a shipping company against a supplier of marine engine parts turned on the question of whether or not Canadian Maritime Law or...
by Editor | Aug 18, 2019 | Commercial Issues, Conflict of laws, Jurisdiction + Forum
John Habergham, Myton Law, Hull U.K. This will provide for the enforcement of mediated settlement agreements across country borders. It is being seen as the counterpart to the New York Arbitration Convention. Aims Whilst in practice, non-compliance rates are low...
by Editor | Dec 14, 2018 | Carriage by Sea, Case Summaries, Jurisdiction + Forum
Gavin Magrath, Magrath’s International Legal Counsel, Toronto, Canada Re: Elroumi v. Shenzhen Top China Imp & Exp Co., Ltd China, 2018 FC 633 A recent decision of the Federal Court of Canada centered on the question of whether the Court had specific jurisdiction...
by Editor | Feb 25, 2018 | Case Summaries, Jurisdiction + Forum
Gill Nadel, Dave Zeitoun, Matan Yaacov, Goldfarb Seligman, Israel Background: In the following article, we will review a case in which the Haifa Magistrate Court decided to adjudicate a dispute between an international forwarding company and an insurance company, even...
