1. This Convention shall not apply to agreements on the exclusive choice of jurisdiction. – (1) The declarations referred to in Articles 19, 20, 21, 22 and 26 may be made upon signature, ratification, acceptance, approval or accession or at any time thereafter and may be amended or withdrawn at any time. 2. Declarations, amendments and withdrawals shall be notified to the depositary. 3. A declaration made at the time of signature, ratification, acceptance, approval or accession shall take effect for the State concerned at the same time as the entry into force of this Convention. 4. The notification made at a later date and any amendment or withdrawal of a declaration shall take effect on the first day of the month following the expiry of a period of three months from the date of receipt of the notification by the depositary. 5. A declaration under Articles 19, 20, 21 and 26 shall not apply to exclusive agreements conferring jurisdiction concluded before it takes effect. DISCLAIMER: The updated withholding tax (WP) and foreign trust (WT) withholding agreements have been published and published on the FATCA website.
The two updated agreements are set out in the PDF of Revenue Procedure 2014-47, which updates and replaces the WP and WT agreements originally published under the title Revenue Procedure 2003-64, 2003-2 C.B. 306. 1. In international cases, this Convention shall apply to exclusive agreements conferring jurisdiction in civil or commercial matters. 2. For the purposes of Chapter II, a case is international unless the parties are domiciled in the same Contracting State and the relations of the parties and all other relevant elements of the dispute, regardless of the place of the court chosen, are related only to that State. 3. For the purposes of Chapter III, this is a case abroad in which the recognition or enforcement of a foreign judgment is sought. Court settlements approved by a court of a Contracting State designated by a court under an exclusive agreement conferring jurisdiction, or which have been concluded before that court in the course of proceedings and which are enforceable in the same way as a judgment of the State of origin, shall be enforced under this Convention in the same manner as a judgment. Convinced that such enhanced cooperation requires, in particular, a system of international law that ensures the security and effectiveness of agreements on the exclusive choice of court between parties to commercial transactions and regulates the recognition and enforcement of decisions resulting from proceedings based on such agreements, 4. Has any State informed the Commission that it is unable or unwilling to conclude a reciprocal agreement? Delaware stated that it did not have the power to enter into a mutual agreement. We will contact any state or be contacted by other states in the near future.
A court of a Contracting State other than that of the chosen court shall suspend or dismiss the proceedings to which an exclusive agreement conferring jurisdiction applies, unless (a) the agreement has been void under the law of the State of the chosen court, unless the chosen court has established the validity of the agreement; (b) a party has not been able to conclude the agreement under the law of the requested State; (c) the document instituting the proceedings or an equivalent document, including the essential elements of the claim; (d) an exclusive jurisdiction agreement forming an integral part of a contract is treated as an agreement independent of the other terms of the contract. The validity of the exclusive agreement on jurisdiction cannot be challenged solely because the contract is invalid. SoundExchange has collection agreements with partner organizations in countries around the world. These agreements allow us to collect and pay royalties to the artist and rights holders when their music is played in these countries. Article 22 Mutual declarations of non-exclusivity agreements conferring jurisdiction (a) the agreement is void under the law of the State of the chosen jurisdiction; (b) a party has not been able to conclude the contract under the law of the State of the court seised; (c) the implementation of the agreement would give rise to a manifest injustice or would be manifestly contrary to public policy in the State of the court seised; (d) for exceptional reasons beyond the control of the parties, the contract cannot reasonably be performed; or (e) the chosen court has decided not to hear the case. You must be a member of SoundExchange and fulfill an international mandate to use this international collection service. We are constantly adding new agreements and increasing the collection of international royalties for you. Become a member now.
1. The courts of a Contracting State shall have jurisdiction to settle a dispute to which the Convention applies, unless the agreement is void under the law of that State. 2. A court having jurisdiction under paragraph 1 may not refuse to exercise its jurisdiction on the ground that the dispute is to be decided before a court of another State. (3) The preceding paragraphs are without prejudice to the rules: – (a) a complete and certified copy of the judgment; (b) the exclusive agreement conferring jurisdiction, a certified copy thereof or any other proof of its existence; (c) where the judgment in default has been given, the original or a certified copy of a document attesting that the document instituting the proceedings or an equivalent document has been served on the defaulting party; (d) all documents necessary to demonstrate that the judgment is valid or, where applicable, enforceable in the State of origin; (e) in the case referred to in Article 12, a certificate issued by a court of the State of origin attesting that the court settlement or part thereof is enforceable in the same manner as a judgment given in the State of origin. 1. A judgment of a court of a Contracting State designated by an exclusive agreement conferring jurisdiction shall be recognized and enforced in the other Contracting States in accordance with this Chapter. Recognition or enforcement may be refused only on the grounds set out in this Convention. 2. Without prejudice to the review necessary for the application of this Chapter, there shall be no review of the merits of the decision of the court of origin.
The court seised shall be bound by the findings of fact on which the court of origin has based its jurisdiction, unless the judgment in absentia has been given. 3. A judgment shall be recognised only if it has effect in the State of origin and shall be enforced only if it is enforceable in the State of origin. 4. Recognition or enforcement may be deferred or refused if the judgment is subject to review in the State of origin or if the time limit for requesting an ordinary review has not yet expired. A refusal shall not preclude a subsequent application for recognition or enforcement of the decision. 5. This Article shall also apply to a judgment given by a court of a Contracting State on the basis of a transfer of the case from the chosen court to that Contracting State, as permitted by Article 5(3). However, where it was at the discretion of the chosen court to bring an action before another court, recognition or enforcement of the judgment may be refused against a party who has objected in good time to the transfer to the State of origin. Maryland Annotated Code of Maryland, Business and Occupations, Articles 17-3A – Reciprocity Pursuant to Title 17-3A of the Annotated Maryland Code, the following is a list of states with which the Maryland Real Estate Commission has signed a reciprocal agreement: (1) This Agreement applies to exclusive choice of jurisdiction agreements entered into after it came into force for the State of the chosen court.
2. This Convention shall not apply to proceedings instituted before its entry into force in respect of the State of the court seised. .