UU��ֱ��

Home / Practical Guidance and Legal Research / Legal Glossary / Jurisdiction

GLOSSARY

Jurisdiction definition

/ˌ��ʊə��ɪ��ˈ��ɪ��ʃ(ə)��/

Published by a UU��ֱ�� Dispute Resolution expert

What does Jurisdiction mean?

Jurisdiction means both the authority or power of the court to determine a dispute between parties as well as the territory over which the legal authority of a court extends.

Jurisdiction - Legal Definition

View the related checklists about Jurisdiction

ISDA documentation in a finance transaction—checklist

ISDA documentation in a finance transaction—checklist This checklist sets out the key ISDA documentary requirements which need to be considered during the course of a financing transaction. Term sheet stage • if acting for a borrower and specialist hedging advisors are instructed, get their input on the term sheet • if acting for a borrower, ensure that the overall pricing of the transaction is understood (across both the loan and the hedging). A borrower may choose a particular lender based on a low margin offered on the loan, but then find that the credit spread on the swap offered by the same lender means that the overall economics of the transaction are less attractive than those offered by a different lender • is the loan and hedging on an IBOR basis (eg EURIBOR) or on a risk free rate (eg SONIA)? Will the loan transition from an IBOR to a RFR during its term and, if so, how will the hedging be dealt with? • does the lender require a...

Read More

Governing law and jurisdiction clauses in commercial contracts―checklist

Governing law and jurisdiction clauses in commercial contracts―checklist This Checklist of resources sets out some of the issues when considering governing law and jurisdiction in the context of commercial contracts. Governing law and jurisdiction clauses are categorised as boilerplate clauses in an agreement. For more information on boilerplate clauses, see: Boilerplate clauses—overview. For details about the role of boilerplate clauses and approaches to reviewing and drafting common boilerplate clauses, see Practice Note: The role of boilerplate. A governing law clause (also known as an applicable law clause) is used to allow the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. For an example of a governing law clause, see Precedent: Governing law clause. The applicable law clause in a contract will usually be set out alongside a jurisdiction clause. It is important to note that jurisdiction and governing law are separate issues. A jurisdiction clause is necessary to allow the parties to...

Read More

READ MORE

View the related flowcharts about Jurisdiction

Service of the claim form in England and Wales—flowchart

Service of the claim form in England and Wales—flowchart This Flowchart sets out the steps required to ensure effective service of the claim form in the jurisdiction. It should be read

Read More

Ireland—Civil court structure—flowchart

Ireland—Civil court structure—flowchart This Flowchart provides a simple diagrammatic illustration of the civil court structure in Ireland. It should be read in conjunction with the

Read More

READ MORE

View the related practice notes about Jurisdiction

Modern slavery—key performance indicators

Modern slavery—key performance indicators Section 54(5) of the Modern Slavery Act (MSA 2015) identifies six categories of information that may be included in an organisation’s slavery and human trafficking statement. One of these categories is information on the organisation’s effectiveness in ensuring slavery and human trafficking is not taking place in its business or supply chains, measured against such performance indicators as it considers appropriate. UK Home Office guidance on the transparency in supply chains provisions in MSA 2015, s 54 (Home Office guidance) goes further and states that organisations can report on key performance indicators (KPIs) in two broad ways by providing information on: • existing KPIs and whether they make their business or supply chains more vulnerable to modern slavery, eg by incentivising poor behaviours, and • KPIs introduced to measure progress and performance of anti-slavery measures undertaken Existing KPIs that may incentivise poor labour conditions include: • requiring unrealistically quick turnaround from suppliers • last-minute orders that stretch supplier capacity • unreasonable pressure on pricing KPIs that...

Read More

UK and Community design right threats—pre 1 October 2017 [Archived]

UK and Community design right threats—pre 1 October 2017 [Archived] As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights. ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out the law of unjustified threats of UK and Community design right infringement prior to its amendment by the Intellectual Property (Unjustified Threats) Act 2017 (IP(UT)A 2017). Communications made prior to 1 October 2017 continue to be governed by the old regime in respect of patents, trade marks and designs, as appropriate. All references in this Practice Note to the Copyright, Designs and Patents Act 1988, the Registered Designs Act 1949, and the Community Design Regulations 2005, are references to the legislation as it...

Read More

Discover our 5298 Practice Notes on Jurisdiction

READ MORE

View the related precedents about Jurisdiction

Warranty limitations—pro-seller—share purchase agreement

Insert the following definitions as new definitions into clause 1 of Precedent: Share purchase agreement—pro-buyer—corporate seller—conditional—long form: 1 Definitions and interpretation Claim means a claim by the Buyer for any breach of the provisions of this Agreement (including a claim for breach of the Warranties); Data Room means the data room relating to the [Company OR Group] comprising all contracts, agreements, licences, documents and other information made available to the Buyer and its advisers, as listed in the Data Room index attached to the Disclosure Letter; The ScheduleLimitations on the Warranties ...

Read More

Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

Read More

Dive into our 1235 Precedents related to Jurisdiction

READ MORE

View the related q&as about Jurisdiction

When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house?

When it comes to calculating the total pay of an agricultural worker in Scotland for minimum wage purposes, how does the accommodation offset rate as set out in the Agricultural Wages (Scotland) Order (No 69) 2022, affect the calculation if the worker in question is provided with free accommodation in the form of a house? For information on the National Minimum Wage (NMW), including conditions for eligibility and how the minimum hourly rate is calculated, see generally, Practice Note: National minimum wage. Most ‘workers’ who work in the UK are entitled to be paid the minimum wage. A person qualifies for the national minimum wage if they: • are a worker • who works, or ordinarily works, in the UK under their contract, and • have ceased to be of compulsory school age When it comes to determining whether or not a worker is being paid the minimum wage, the calculation essentially involves working out an hourly rate of pay by dividing payments received by hours worked in a pay...

Read More

What is the position of a security holder if the company that created the security is dissolved?

What is the position of a security holder if the company that created the security is dissolved? This Q&A focuses on the impact the dissolution of a security provider can have on the ability of a security holder to effectively enforce its security. It also considers the position of a receiver appointed by the security holder prior to the dissolution of the relevant company. Summary If a security provider is dissolved as a matter of English law it is normally still possible for the security holder to enforce the security it holds by exercising the mortgagee’s power of sale. There may be circumstances in any particular case that make an application to restore the dissolved company to the register desirable to protect the security holder’s position. Circumstances where this issue commonly arises The problems associated with a security provider being dissolved while security is in force occur most often in real estate finance and other asset finance transactions. Typically, these issues arise where a special purpose...

Read More

See the 1274 Q&As about Jurisdiction

READ MORE

View the related News about Jurisdiction

What’s in a name—court clarifies emergency arbitration decision is an ‘Order’ and not an ‘Award’ (Ashok Kumar Goel and Vyoman India v EbixCash and others)

Arbitration analysis: The Bombay High Court allowed the petitioner’s interim relief application under section 9 of the Arbitration and Conciliation Act 1996 (Arbitration Act), directing the respondents to furnish an irrevocable bank guarantee for the sum of INR 145 crore. After an arbitral award, interim reliefs granted by the Delhi High Court, an emergency arbitration decision (EA Decision), and the arbitral tribunal’s order, the respondents’ failure to abide by the decisions led the petitioners to file the present application. The court recognized the distinction between an ‘award’ and an ‘order’ by rejecting the respondents’ contention that the EA Decision was an award that had to be enforced under Part II of the Arbitration Act. The court held that the objective of section 9 is to not defeat the purpose of arbitration but recognize party autonomy as the bedrock of arbitration. This decision sheds light on the binding nature of an emergency arbitration decision by classifying it as ‘order’ and the recourse available for interim relief even in international commercial arbitrations....

Read More

Reckitt investors to test class-action rules in opioid case

Law360: The Court of Appeal will consider on 10 December 2024 whether shareholders in Reckitt Benckiser and drug company Indivior can pursue litigation linked to America's opioid crisis as a 'representative claim' that is similar to a US-style class action.

Read More

Read the latest 12562 News articles on Jurisdiction

READ MORE

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

READ MORE

Powered by Lexis+^®

Case studies

"We rely on UU��ֱ�� to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients."

Shelter

Access all documents on Jurisdiction