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8 Jurisdiction Agreements: Secondary Obligations

From: Agreements on Jurisdiction and Choice of Law

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Judgments from courts of a member state — Injunctions to restrain proceedings abroad — Damages and recovery — Assessment of damages — Cause of action — Nominated foreign court — Court proceedings
8.01 Where they are unaffected by the Brussels I Regulation, jurisdiction agreements may be enforced by staying local proceedings brought in conflict with them, or by an injunction to restrain a party from bringing or continuing proceedings before a foreign court in breach of the contract.1 The cause of action which founds the claim for relief is that there is a contractual obligation which the claimant is entitled to enforce;2 and the nature of the relief is, as a matter of procedural law, governed by the law of the court seised with the issue. As a matter of...
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