CIVIL - appropriation; ICCTA; Section 10501(b)(2); surface transportation board; jurisdiction; preemptive effect; supremacy clause; congress' purpose; exclusive jurisdiction; railroad transportation; regulate; remote; no express preemption; implied preemption; future plans; permanency of condemnation action; economic realm; unreasonable interference with railroad transportation; contrary to ICCTA jurisdictional provisions.
Questions on whether any problems with a US claimant pursuing a claim against a debtor in Quebec, and the rules regarding enforcement of a judgment obtained against a debtor in the US are answered. Assuming that there is no exclusive jurisdiction clause in the contract between the parties requiring the suit to be filed somewhere else, the debtor who resides in Quebec can be served with proceedings in Quebec. A clause choosing the systems of law applies in the contract and is not the same as an exclusive jurisdiction clause. One important disadvantage that foreign claimants have in Quebec is that they may be required to provide security for court costs in the event that they do not succeed in their claim against the Quebec debtor. Meanwhile, judgments from the US are enforceable in Quebe...
.... The statute's express pre-emption clause obviously is the best available reflection of Cong... section reads as follows: The jurisdiction of the Board over- (1) transportation by rail c..., entirely in one State, is exclusive. Except as otherwise provided in this part, th...
Exclusive jurisdiction – non-exclusive jurisdiction – forum selection clause – motion to dismiss – intent of the parties – unambiguous – permissive clause – mandatory clause – improper venue – choice of law – irrevocably – unconditionally.
...Notwithstanding the arbitration clause, the defendants commenced proceedings in Italy. Th... judgment, the court will have jurisdiction to make a section 66 order because to do would be ... the parties were bound by an English exclusive jurisdiction clause. However, the defendant had co...
In an interview, France-based attorneys Paul de Dree and Katia Boneva-Desmicht, both from SALANS, discussed how credit collection is handled in France. In principle, there are no difficulties for a US claimant to pursue a claim against a debtor in France, provided that the French courts have jurisdiction (the debtor is domiciled in France, an exclusive jurisdiction clause included in a contract designates the French courts or the jurisdiction of the French courts results from the application of Private International Law). If there is no contractual right, then interest pursuant to statute can be claimed if a demand letter is sent or if proceedings are initiated. Deposition hearings, requested by the parties or the judge, exist in France but are very rarely used. Under certain conditions...
... Council ruling on service out of the jurisdiction/"necessary and proper party" . http://www.bailii.o... were brought in breach of an arbitration clause. . In this case, Hamblen J held that the parties wwere bound by an English exclusive jurisdiction clause. However, the defendant had co...
... being enforced in their favoured jurisdiction. . The dispute arose out of a memorandum of unders...The key issue was whether the arbitration clause in the agreement was valid and binding on the Gove... were brought in breach of the English exclusive jurisdiction clause in the parties' contract. . Th...
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