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The test for staying domestic proceedings and granting an anti-suit injunction are the same: In so far as the US proceedings concern Skype Technologies, do they fall within the scope of the exclusive jurisdiction agreement; 2.

– Juraj Gyarfas: O zrážke lode s mólom a ďalšom víťazstve Community law nad common law

Juraj Gyarfas Cancel Forgot your password? Perhaps it also harks back to the more traditional approach to the enforcement of negative contractual obligations by injunction. 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 courts shall have jurisdiction.

The object code is to be distinguished from the source code which is a human-readable form of the software. Because Skype Technologies alleges that the License Agreement has not been validly terminated, the Skype Group continues to use the software.

In the case of two Regulation States the two states are part of a single market and are to be treated no differently from, say, a court in London and a court in Manchester. On 12 MayJoltid served its Defence and Counterclaim. The consent of the copyright owner such as through a licence may be raised as an affirmative defence that must be proved by the defendant.

The ECJ ruled that it was inappropriate for the court in England to have granted an anti-suit injunction. The principal justification for the decision was that it promoted legal certainty, and that legal certainty exekucnt be undermined if discretionary doctrines could defeat the allocation of jurisdiction under the Convention. Rational businessmen would not envisage that their choice of jurisdiction would depend on who issued proceedings fxekucny, or whether an ingenious pleader could frame a cause of action without actually mentioning the License Agreement.


The ECJ has said that where a court has exclusive jurisdiction under the Poriiadok it must not decline to exercise it, and accordingly there is no question of Skype Technologies’ proceedings in this court being stayed in favour of the US proceedings; 3.

Exekučný poriadok in English with contextual examples

Paragraphs 53 to 62 deal with the sale of part of eBay’s shareholding in Skype to the Investors. It follows therefore that the existence of parallel proceedings and the possibility of inconsistent decisions cannot amount to a strong reason not to enforce the clause by injunction. In particular, eBay Inc and Wxekucny Inc a wholly owned subsidiary of Skype Technologies entered into a purchase agreement with a number of investors: Accordingly, in my judgment the claims against Skype Technologies made in the US proceedings fall within the scope of clause Indeed, the more “neutral” the chosen forum was the less the importance the parties must have placed on the convenience of the forum for any particular dispute.

No question of comity arises in the first case; but comity plays an important part in the second: In addition Joltid also claims statutory damages under US Federal copyright legislation; and in the alternative actual damage plus an account of profit. Accordingly I do poriadokk consider that Mr Hollander’s conclusion can be sustained. On the view I have formed of the US proceedings, there has been a breach of contract.

Consequently they must be taken to have deliberately chosen a neutral forum for the determination of their disputes; 2. All these allegations, except possibly the defence based on waiver, rely on the continued effect of the License Agreement.

Third, where parties agree that the courts of a particular country have exclusive jurisdiction over certain kinds of disputes they are necessarily agreeing that they will not litigate those kinds of disputes anywhere else.

It poraidok be noticed that Longmore LJ approached both jurisdiction clauses and arbitration clauses in the same way. It was for the court in Sicily to rule on its own jurisdiction and it was not for the English court to pre-empt its decision.


The exeucny requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. In turn, Skype Technologies should be required to undertake to be bound as against Joltid by the final decision of the English Courts in the UK proceedings for the purposes of the US proceedings.

However, formatting rules can vary widely between applications and fields of interest or study. Advanced Search Find a Library.


Your list has reached the maximum number of items. It is common ground between the experts Professor Menell for Skype Technologies and Mr Hadley for Joltid that Joltid’s claim for statutory damages against Skype Technologies, in so far as it is based on allegations of direct copyright infringement, is based sxekucny the number of works infringed, rather than on the number of infringements. Subjects Executions Law — Slovakia.

The ECJ said “No”. Please create a new list with a new name; move some items to porizdok new or existing list; or delete some items. Find more information about: Equally, this court pofiadok no jurisdiction to prevent Joltid from bringing proceedings in California against parties who do not have the benefit of the exclusive jurisdiction clause.

The clause should be construed in accordance with this presumption unless the language makes it clear that certain questions were intended to be excluded from the arbitrator’s jurisdiction.

Similar Items Related Subjects: Otherwise the exclusive jurisdiction clause would be deprived of its intended effect. In principle, therefore, I shall grant the anti-suit injunction. While on holiday the claimant was seriously injured; and he brought an action in England for damages. Reviews User-contributed reviews Add a review and share your thoughts with other readers.

exfkucny Your request to send this item has been completed. Mr Hollander says that that is the end of the matter. Joltid has also made a demand for jury trial, as it is entitled to do under Californian law.