Substantive Nature Sample Clauses

Substantive Nature. Choice-of-court agreements may be regarded as contractual terms, which are part of the contract.100 According to the common law perspective, a substantive nature is attributed to the choice-of-court agreements because they are analogous with the contract by which the parties are bound.101 This theory considers the choice-of-court agreements as substantive agreements constituting rights and obligations for the parties. The conception of substantive effects of the choice-of-court agreements falls back to the Eighteen Century and has been gradually developed in the UK.102 The common law system observes the jurisdictional rules in terms of 100 X. XXXXXX, Agreements on Jurisdiction and Choice of Law, op. cit., par. 3.09, X. XXXXXX, Jurisdiction and Arbitration Agreements and Their Enforcement, Xxxxx & Xxxxxxx, 2014, 3ed., par. 4.02, 4.07; X. XXXXXX, X. XXXX, Civil Jurisdiction and Judgements, Xxxxxx Xxxx, 2009, par. 2.113. This qualification can be also found in civil law countries. 101 See X. XXXXX, The Nature and Enforcement of Choice-of-court Agreements: A Comparative Study, op. cit., p. 79. 102 The first theory was developed in the context of the arbitration, the jurisdiction agreements were submitted within the meaning of the Common Law procedure Act 1854 and Arbitration Act 1889. X. XXXXXXXX, Contractual Stipulations Conferring Exclusive Jurisdiction upon Foreign Courts in the Law of England and Scotland, Law Quarterly Review, 59 (1943), p. 238: «Reviewing the English decisions we see that they started from the point that reference to a foreign Court came within the meaning of the C. L. P. Act of 1854 and now of section 4 of the Arbitration Act of 1889. And though the correctness of this starting point might be doubted, it turned out to be of great practical value, enabling the Courts by not having their jurisdiction ousted to exercise their discretion to stay proceedings or to refuse such a stay and if necessary to give relief and to dispose of any specific case according to its merits.». See also Law x. Xxxxxx [1878] L. R. 8 Ch. D. 26; Austrian Xxxxx Steamship Company v Xxxxxxx Life Assurance Society Limited [1903] 1 KB 249; Racecourse Betting Control Board v Secretary for Air [1943] Ch. 114 rights and duties of the parties.103 According to this perception, the jurisdiction agreement grants a right to the plaintiff, who is entitled to decide whether to exercise his right to sue a defendant in front of a designated forum; the defendant then must assume t...