June 01, 2017The Supreme Court of Canada upheld the Court of Appeal for Ontario's decision and dismissed an Ontario action on the basis of a governing law clause. See instant case of Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd. (2012 SCC).
June 01, 2017A Forum Selection Clause in a Commercial Contract Should be Given Effect Unless Party can Show Strong Cause that the Case is Exceptional. See instant case of Expedition Helicopters Inc. v. Honeywell Inc. 2010 ONCA 351.
June 01, 2017Substantial Connection Test Applies if Contract does not Contain a Governing Law Clause. See Lilydale Cooperative Limited v. Meyn Canada Inc. 2015 ONCA 281 (CanLII).
June 01, 2017The Federal Court of Appeal used the governing law clauses in maritime supply contracts to determine the law governing the contracts, in spite of the fact that maritime liens are extra-contractual rights. See instant case of JPMorgan Chase Bank v. Lanner (The) [2009] 4 FCR 109, 2008 FCA 399 (CanLII).
June 01, 2017In determining what law should apply to a contract when the contract does not specifically state the applicable law, the courts will conduct an inquiry to ascertain the implied intention of the parties. See instant case of New Holland (Canada) Credit Company v. MacPherson 2003 CanLII 23201 (ON SC).
May 17, 2017This article posted on our partner site Mondaq.com seeks to explain the purpose of a specific provision in governing law clause 'without regard to conflict of law principles'.
August 11, 2016Despite widespread state-supported doping among Russian athletes at the 2014 Sochi Olympics, the International Olympic Committee (IOC) declined to give a blanket ban on Russia’s ability to participate in the 2016 Olympic Games in Rio De Janeiro.
June 06, 2016This article posted on our partner site Mondaq.com discusses this recent Federal Court of Australia decision in which an American refund policy violated Australian consumer legislation. The court fou...
February 15, 2016This article posted on our partner site Mondaq.com discusses how parties who are from different provinces can decide together upon what governing law their contract shall preside under.
October 09, 2015This article posted on our partner site Mondaq.com uses case law to illustrate that the Courts in India have not offered consistent decision whether parties can rely on foreign law to settle disputes.
July 25, 2015While international arbitration seeks to aid in the legal predictability and stability of international contracts by providing for the neutral, impartial, centralized and enforceable resolution of disputes arising out of international contracts, parties should always seek to negotiate the forum where they have the best prospect of achieving and enforcing success.
April 24, 2015This article posted on our partner site Mondaq.com discusses the impact of the ratified Amendment 884 to the Alabama Constitution. The author states that with this amendment, Courts will not enforce foreign law if it contradicts Alabama law.
November 13, 2013This article posted on our partner site Mondaq.com highlights some considerations for software licensees and licensors vis-a-vis governing law and dispute resolution.
January 22, 2013This article posted on our partner site Mondaq.com discusses the importance of a choice of law and venue clause and why they are beneficial for a contracting party.
July 18, 2012This article posted on our partner site Mondaq.com advises businesses to ensure that governing law clauses are drafted so as to clearly identify what law will govern claims arising from disputes between parties to an international contract.
April 26, 2012This article posted on our partner site Mondaq.com uses case law to illustrate that the parties' home jurisdiction may not always be the best jurisdiction for choice of law.
May 18, 2011This article posted on our partner site Mondaq.com looks at the purpose of the governing law clause and considerations parties should make, like having a real and substantial connection to the location, among others.
February 24, 2011This article posted on our partner site Mondaq.com states that Norwegian procedural rules, and some overriding mandatory rules will be followed whenever a hearing takes place in Norway.
June 05, 2008This article posted on our partner site Mondaq.com discusses governing law clauses, jurisdiction clauses and litigation/mediation clauses.