LAW 724 Lecture Notes - Lecture 12: Natural Justice, Alternative Dispute Resolution, Oakwell
3 Oct 2014
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Example: yordanes et al v. bank of nova scotia (ont scj 2006: the proper law of the contract, the european convention on contractual law, example: parties assume differing laws. Actions in domestic courts: suing and being sued: choice of forum, choice of forum clauses. Non-exclusive: the parties submit to the courts in the jurisdiction of x . Exclusive: the parties agree that any and all disputes arising under the contract shall be determined exclusively by the courts of x and agree to submit to the jurisdiction of x . Example: khan resources v. wm mining (oca 2006) Actions in domestic courts: suing and being sued: forum non conveniens (ex juris) p. 349. Canadian international marketing distribution v nitsuko et al (bcca 1990) Sterling software international (canada) v. software recording corp of. Towne meadow development corporation v. the israel discount bank et al. (oca 2006) Upper lakes shipping v. foster yeoman (ont. Other methods to thwart choice of forum.
