If a foreign jurisdiction clause has been agreed to between parties to a domestic proceeding, can the court stay the domestic proceeding?
Ontario, Canada
The following excerpt is from Brisbin v. Lunev, 2010 ONSC 1840 (CanLII):
If it am wrong in having arrived at that conclusion, where a foreign jurisdiction clause has been agreed to between parties, the court is not absolutely bound to stay the domestic proceeding but retains a discretion as to whether or not to do so (see: Z.I. Pompey Industive v. ECU-Line N.V., [2003] 1 S.C.R.).
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