Draft Convention on International Interests in Mobile Equipment 2001

CHAPTER XI - JURISDICTION

Article 53

Choice of forum

Subject to Articles 54 and 55, the courts of a Contracting State chosen by the parties to a transaction have exclusive jurisdiction in respect of any claim brought under this Convention, unless otherwise agreed between the parties, whether or not the chosen forum has a connection with the parties or the transaction.

Article 54 (8)

Jurisdiction under Article 19(1)

1. - The courts of a Contracting State chosen by the parties and the courts on the territory of which the aircraft object is situated or in which the aircraft is registered may exercise jurisdiction to grant relief under Article 19(1)(a), (b), (c), and Article 19(7) in respect of that aircraft object.

2. - The courts of a Contracting State chosen by the parties and the courts on the territory of which the debtor is situated may exercise jurisdiction to grant relief under Article 19(1)(d) and (e) and Article 19(4) if the enforcement of such relief is limited to the territory of the forum.

3. - A court may exercise jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 19(1) will or may take place in a court of another Contracting State or in an arbitral tribunal.

Article 55

Jurisdiction to make orders against the Registrar

1. - The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages against the Registrar under Article 40.

2. - Where a person fails to respond to a demand made under Article 37(1) or (2) and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in paragraph 1 shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration.

3. - Where a person fails to comply with an order of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a court of competent jurisdiction requiring that person to procure the amendment or discharge of a registration, the courts referred to in paragraph 1 may direct the Registrar to take such steps as will give effect to that order.

4. - Except as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or rulings against or purporting to bind the Registrar.

Article 56

General jurisdiction

1.- Except as provided by Articles 53, 54 and 55, the courts of a Contracting State having jurisdiction under the law of that State may exercise jurisdiction in respect of any claim brought under this Convention.

2. - For the purposes of this Article, and of Article 54, and subject to Article 53, a court of a Contracting State also has jurisdiction where that State is the State of registry.

Article 57

Waivers of sovereign immunity

1. - Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of the courts specified in Articles 53, 54 or 56 of this Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the other conditions to such jurisdiction or enforcement have been satisfied, shall be effective to confer jurisdiction and permit enforcement, as the case may be.

2. - A waiver under the preceding paragraph must be in a writing that contains a description of the aircraft object.

Next Annual Meeting

2017 Conference

Hotel Saskatchewan

Regina, SK

August 13 - 17, 2017
Creative Commons Licence
This work is licensed under a Creative Commons Attribution 2.5 Canada License
L'usage de cette œuvre est autorisé selon les dispositions de la Licence Creative Commons Attribution 2.5 Canada