Jurisdiction Clause

Enforcement, Foreign arbitral awards, Inter-American Conventions, Jurisdiction, Jurisdiction Clause, New York, Place of arbitration, United States

(Columbia Law School), (Rivero Mestre LLP), and (Nishith Desai Associates)/ /2 Comments

In this post, we discuss some of the challenges created by the personal jurisdiction requirements under U.S. law (explained below) in enforcement of foreign arbitral awards in the U.S. We also delve into details of hurdles posed by the implementation of the personal jurisdiction standard as enunciated in Daimler AG v. Bauman to recognition and…

Jurisdiction Clause, Liability Exclusion and Limitation Provisions, New LCIA Rules 2020

/ /1 Comment

The newly released LCIA Rules 2020 have brought some exciting developments, which have already been subject to detailed analysis on this blog. However, there is more to the new rules than what catches the eye. This post addresses the new jurisdiction clause in the liability limitation provision (Article 31) of the LCIA Rules 2020. The…

Consent, Insurance, Jurisdiction, Jurisdiction Clause, United States

, (BatesCareyLLP)/ /Leave a comment

The question of whether the jurisdictional grant in a “service of suit” clause overrides an otherwise valid and enforceable arbitration clause in the same agreement has been addressed by several courts in the United States. See McDermott Int’l, Inc. v. Lloyds Underwriters of London, 944 F.2d 1199 (5th Cir. 1991); Neca Ins., Ltd. v. Nat’l…

Brussels Regulation, CJEU, Competition Law, Jurisdiction Clause, Tort

(Linklaters) and / /Leave a comment

On 21 May 2015, the CJEU rendered a landmark decision regarding questions of jurisdiction under the Brussels I Regulation (recast as Regulation 1215/2012, previously Regulation 44/2001) in the case of cartel damage proceedings. We may be grappling with this decision for a long time albeit it does not explicitly address arbitration. The CJEU’s judgment brings…