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Industry Updates
Exclusive Jurisdiction Clauses and Winding Up - What's a Judge To Do?
15 Feb 2012
On a recent application to appoint liquidators, a familiar issue was re-visited when the High Court held that when faced with a dispute of foreign law that is subject to an exclusive jurisdiction clause in favour of a tribunal other than the High Court, the latter must nonetheless determine whether a substantial dispute is identified. Only then will the exclusive jurisdiction clause fall to be taken into account.
Related Contacts
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Andrew Thorne
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Anna Chen
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Aine O'Brien
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Adrienne Lai
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Aisling Dwyer
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Adam Sinclair
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Andrew Wood
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Andrew Pollon-MacLeod
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