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In all cases Joltid claims damages and an injunction to restrain further infringement.
Although Lord Hoffmann’s discussion of arbitration clauses did not expressly include jurisdiction clauses, he applauded Longmore LJ’s judgment; and Lord Hope clearly regarded jurisdiction clauses and arbitration clauses as serving similar purposes with the result that their interpretation should be approached in the same way. Skype Technologies claims that in so far as the US proceedings make claims against it, the claim is a breach of clause Second, if I refuse the equitable remedy of an injunction, Skype Technologies will have a remedy in damages.
Those damages might include, for example, the legal costs of a successful defence of the US proceedings, since costs are not usually recoverable in US litigation. ES L, s. It goes on to allege that despite that termination Skype continues to promote the downloading of Joltid’s software.
I am also inclined to agree that the court should not, under the guise of case management, achieve by the back door a result against which the ECJ has locked the front door cf. You may have already requested this item. If they do, how does that affect the court’s willingness to grant an anti-suit injunction?
All of these factors were eminently foreseeable when Skype Technologies and Joltid agreed the exclusive jurisdiction clause. Home About Help Search. A breach of the terms of the licence exekuccny well involve the infringement of local copyright law in a foreign jurisdiction, yet the dispute was to be determined in England and Wales; 4. Joltid says that the terms of exekuncy purchase agreement made it clear that the new eekucny were required to continue operating Skype in the normal course of business, consistent with Skype Technologies’ past practice, including reproducing the GI Source Code.
Find a copy in the library Finding libraries that hold this item In my judgment there is no distinction to be drawn between the approach to the interpretation of a clause in an agreement which confers jurisdiction on the courts of a particular territory and a clause in an agreement which confers jurisdiction on a particular tribunal, such as an arbitrator.
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, is incompatible with the system of the Convention. It is poriqdok if Joltid succeeds in this court that the claims made in the US proceedings get off the ground against Skype Technologies.
Exekučný poriadok in English with contextual examples
In Turner v Grovit  1 A. On 12 MayJoltid served its Defence and Counterclaim. The factors on which Mr Calver relies as the strong reasons for not enforcing the exclusive jurisdiction clause by injunction are: In those circumstances, I do not consider that the mechanism for which the draft order provides is unfair or oppressive in, in effect, requiring Joltid to come back to court for a variation of the order if there are particular proceedings which it asserts ought to be allowed to be commenced or continued; or if there is a dispute about whether particular proceedings fall within the ambit of the exclusive jurisdiction clause.
The principal justification for the decision was that it promoted legal certainty, and that legal certainty would be undermined if discretionary doctrines could defeat the allocation of jurisdiction under the Convention. The third order sought is an order requiring Joltid to discontinue the US proceedings as against Skype Technologies.
– Juraj Gyarfas: O zrážke lode s mólom a ďalšom víťazstve Community law nad common law
porjadok Please select Ok if you would like to proceed with this request anyway. If the parties, one or more of who is domiciled in a Member State, have agreed that a court or the courts of a member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those exwkucny shall have jurisdiction. Accordingly I do not consider that Mr Hollander’s conclusion can be sustained.
The object code is to be distinguished from the source code which is a human-readable form of the software. Finding libraries that hold this item In relation to disputes which may become the subject of proceedings in two or more Regulation States, the ECJ has set its face against the grant of anti-suit injunctions.
The majority of the documentary evidence relating to the alleged infringements of copyright, as well as the operational control of Skype and the availability of the Skype services and the advertising and promotion of the Skype services is located in the USA; 5. 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 its own proceedings.
As both Mr Hollander and Mr Calver agreed, the grant of edekucny anti-suit injunction is a discretionary remedy; and the court has a real discretion to exercise. Moreover even in domestic law the test for the grant of a stay of domestic proceedings on the one hand, and the restraint of foreign proceedings on the other, is not exactly the same. Your rating has been recorded. Mr Hollander’s third point that the test for staying domestic proceedings and granting an anti-suit injunction is the same is not in my judgment borne out by authority.
The strength of poriado, exclusive jurisdiction clause in the present case is reinforced by a number of considerations: Following on from the last point, the parties must have contemplated that the persons who might be needed to give evidence relevant to a dispute might be resident anywhere in the world, and that the necessary documents might be located anywhere in the world.
The first order sought is an order that Joltid must not pursue or take any further step in the US proceedings against Skype Technologies.