8 Jurisdiction Agreements: Secondary Obligations
From: Agreements on Jurisdiction and Choice of Law
Adrian Briggs
- Subject(s):
- 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...
