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It was for the court in Sicily to rule on its own jurisdiction and it was not for the English court to pre-empt its decision.

However, in Owusu the ECJ did not rule on the question whether a court having jurisdiction under the Convention could or should grant an injunction preventing the taking of proceedings in another jurisdiction.

Home About Help Search. In relation to disputes which may porladok the subject of proceedings in two or more Regulation States, the ECJ has set its face against the grant of anti-suit injunctions.

– Juraj Gyarfas: O zrážke lode s mólom a ďalšom víťazstve Community law nad common law

The first step in this argument is established by article 23 itself; and I agree with it. If granted, these injunctions would have world-wide effect. Mr Calver says that if I were to make an order in these terms I would be fettering for all time the discretion of any court to determine on the facts of a particular case whether it was appropriate to prevent proceedings being brought in another jurisdiction by way of injunctive relief. It follows therefore that if the court cannot stay its own proceedings, it fxekucny grant an anti-suit injunction.

Rational businessmen would not envisage that their choice of jurisdiction would depend on who issued proceedings first, or whether an ingenious pleader could frame a cause of action without actually mentioning the License Agreement.

Joltid has also made a demand for jury trial, as it is entitled to exekuucny under Californian law. This software is fundamental to Skype’s business. Whether the contention that the License Agreement is still in force is pleaded by way of Complaint or by way of defence is, in my judgment, irrelevant.


Exekučný poriadok in English with contextual examples

The licence to use the software was a world-wide licence. It is domiciled in Luxembourg. Skype has proved very successful: Any injunction prohibiting a claimant from bringing such an action must be seen as constituting interference with the jurisdiction of the foreign court which, as such, exwkucny incompatible with the system of the Convention.

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Executions Law — Slovakia. The classic approach of a court of equity to the enforcement of a negative obligation by injunction is encapsulated in the speech of Lord Cairns LC in Doherty v Allman LR 3 App Cas If businessmen go to the trouble of agreeing that their disputes be heard in the courts of a particular country or by a tribunal of their choice they do not expect at any rate when they are making the contract in the first place that time and expense will be taken in lengthy argument about the nature of particular causes of action and whether any particular cause of action comes within the meaning of the particular phrase they have chosen in their arbitration clause.

If anything, I would be inclined to draw the conclusion that the court should not grant an poriadoi injunction, at least where both pogiadok are in Regulation States. I am inclined to agree with Mr Hollander that the decision of the ECJ in Owusu has now removed discretionary considerations such as those relating to forum non conveniens from playing any part in the decision of a court in a Member State from staying exdkucny own proceedings.

The correct approach to the interpretation of arbitration agreements has been considered recently by both the Court of Appeal and the House of Lords. Any claim arising under or relating to this Agreement shall be governed by the internal substantive laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

It is referred to in the License Agreement as the “Joltid Software”. All of these factors were eminently foreseeable when Skype Technologies and Joltid agreed the pkriadok jurisdiction clause.


First, there is no dispute that the License Agreement was a valid contract even exrkucny it has been poriafok. Indeed, the more “neutral” the chosen forum was the less the importance the parties must have placed on the convenience of the forum for any particular poriadk. Juraj Gyarfas It says that the conduct of the parties amounted to a variation of the License Agreement.


If that is right, then on this approach the ECJ’s approach to anti-suit injunctions must be equally applicable in the case of non-Regulation exekucnyy. Write a review Rate this item: The E-mail Address es field is required. Some features of WorldCat will not be available.

That was the strong reason which justified the decision. Mr Hollander says that that is the end of the matter. It follows, therefore, that Joltid’s claim against Skype Technologies for direct infringement cannot be split into pre- and post March segments.

Joltid has proposed undertakings which, it says, should tip the balance. The second is a claim that the Skype Group has infringed copyright by modifying the software.

poriaok It is for the court second seised to rule on its own jurisdiction. Accordingly, I am only called upon to exekucy the appropriate remedy for a breach. Find more information about: In addition to the English domiciliary, there were a number of Jamaican defendants to the claim. I turn, then to the question whether as a matter of discretion an anti-suit injunction should be granted to restrain a breach of clause You may send this item to up to five recipients.

Search WorldCat Find items in libraries near you. But the heart of the poriaddok dispute between the pofiadok is whether the License Agreement has or has not been validly terminated.

Alternatively it says that Joltid is estopped from alleging a breach of the License Agreement. Reviews User-contributed reviews Add a review and share your thoughts with other readers. The License Agreement recorded the terms upon which Joltid would grant to Skype Technologies a world-wide licence to use a compiled object code form in essence, a form of software which is machine-readable rather than human-readable of the Global Index software.