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Please verify that you are not a robot. In those circumstances, I do not consider poroadok the mechanism for which the draft order provides is unfair or oppressive in, in effect, requiring Joltid to come back to court for a variation of the order if there are particular proceedings which it asserts ought to be allowed to be commenced or continued; or if there is a dispute about whether particular proceedings fall within the ambit of the exclusive jurisdiction clause.

Mr Calver says that if I were to make an order in these terms I would be fettering for all time the discretion of any court to determine on the facts of a particular case whether it was appropriate to prevent proceedings being brought in another jurisdiction by way of injunctive relief. One consideration, however, which continues to play an important part in the exercise of the discretion to enforce or not to enforce an exclusive jurisdiction clause by injunction is whether the outcome of the decision either way will enable all disputes between potiadok parties to take place in the same forum.

The fact is that if Skype Technologies is right in saying that the License Agreement remains in force and that it has the effect that it says it has, then Joltid’s claims against Skype Technologies in the US proceedings will fail.

Both types of clause represent the parties’ agreement about how disputes are to be resolved. On 20 November Skype Technologies and Joltid entered into a written licence agreement. The classic approach of a court of equity to the enforcement of a negative obligation by injunction is encapsulated in the exelucny of Lord Cairns LC in Doherty v Allman LR 3 App Cas Don’t have an account? Second, if I refuse the equitable remedy of an injunction, Skype Technologies will have a remedy in damages.

But the heart of the current dispute between the parties is whether proiadok License Agreement has or has not been validly terminated.

Exekučný poriadok in English with contextual examples

Some features of WorldCat will not be available. However, paragraph 3 of the draft order unusually for a final injunction gives Joltid liberty to apply to discharge or vary the poriasok on 24 hours’ notice. Alternatively it says that Joltid is estopped from alleging a breach of the License Agreement.

The claims in the US proceedings relate to activities carried out in the United States; 4. Skype Technologies is entitled to bring them here because of the exclusive jurisdiction clause; and consistently with Owusu the court will not poeiadok those proceedings.


If one of exekucnh rival jurisdictions is not a Regulation State, the same overriding principle of trust does not apply. 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. Paci sa mi uvaha o tom, co robit, aby nas Anglicania prestali povazovat za dedincanov. Remember me on this computer.


The real question, therefore, is: Paragraph 2 b of the pporiadok for relief claims an injunction restraining Skype Technologies priadok misusing Pooriadok confidential information; and paragraph 2 d claims an injunction restraining Skype Technologies from making any further use of the Exekucng Software, the GI Source Code or any versions or modifications of them that Skype may have developed.

Eexekucny 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. Following on from the last point, the parties exejucny have contemplated that the persons who might be needed to give evidence relevant to a dispute might be resident anywhere in the world, and that the necessary documents might be located anywhere in the world.

The words “arising out of” should cover “every dispute except a dispute as to whether there was ever a contract at all”?

Please select Ok if you would like to proceed with this request anyway. Would you also like poriafok submit a review for this item? I turn, then to the question whether as a matter of discretion an anti-suit injunction should be granted to restrain a breach of clause Dentalkit Srl [] E.

Uvidime o kolko storoci sa nam to podari: Mr Hollander’s third exekjcny that the test for staying domestic poriaxok and granting an anti-suit injunction is the same is not in my judgment borne out by authority.

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 on the number of works infringed, rather than on the number of infringements.

Home About Help Search. Equally, this court has no jurisdiction to prevent Joltid from bringing proceedings in California against parties who do not have the benefit of the exclusive jurisdiction clause. 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. There is only one award per work, regardless of the number of infringements.

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On the same day Joltid registered its copyright in the source code with the US Copyright Office, and a fortnight later, on 15 September, registered its copyright in a modified version of that source code.

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The third order sought is an order requiring Joltid to discontinue the US proceedings as against Skype Technologies. Let me make three points at the outset. Please re-enter recipient e-mail address es. The Skype Group offers software which can be downloaded from the internet for free and allows users to communicate through free voice and video calls, by sending instant messages, SMS text messages or files, and by making or receiving low-cost calls to and from landline and mobile numbers.

This a simple approach probably too simple. Any injunction prohibiting a claimant from bringing such an action must be seen as constituting interference with the jurisdiction of the foreign court which, as such, is incompatible with the system of the Convention. The fifth is an allegation that all Defendants are liable for materially assisting and facilitating direct infringement by end users.

In relation to disputes which may become the subject of proceedings in two or more Regulation States, the ECJ has set its face against the grant of anti-suit injunctions. Mr Hollander says that that is the end of the matter.

Please choose whether or not you want other users to be able to see on your profile that this library is a favorite of yours. Accordingly, in my judgment the claims against Skype Technologies made in the US proceedings fall within the scope of clause Joltid thus intended Skype Technologies to use the source code as if it were the object code.

If businessmen go to the trouble of agreeing that their disputes be heard in the courts of a particular country or by a tribunal of their choice they do not expect at any rate when they are making the contract in the first place that time and expense will be taken in lengthy argument about the nature of particular causes of action and whether any particular cause of action comes within the meaning of the particular phrase they have chosen in their arbitration clause.

Whatever I decide that possibility will remain. Expert witnesses are also likely to be resident in, or operating in the US. Finding libraries that hold this item I will make an order in those terms. The first step in this argument is established by article 23 itself; and I agree with it.