Page:Choice of Court Agreements Act 2016.pdf/10

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
10
NO. 14 OF 2016


(l) the validity, nullity or dissolution of any legal person, or the validity of a decision of the management of the legal person;
(m) the validity of any intellectual property right (other than copyright and related rights);
(n) the infringement of any intellectual property right (other than copyright and related rights) except any infringement proceedings that are or could have been brought for breach of a contract between the parties relating to that intellectual property right;
(o) the validity of an entry in a public register.

(3) This Act does not apply to an arbitration or any proceeding related to an arbitration.

(4) The Minister may by regulations made under section 22—

(a) exclude from the application of this Act—
(i) any specific matter; or
(ii) any specific matter in relation to any Contracting State; or
(b) modify the application of this Act or any provision of this Act to—
(i) any specific matter; or
(ii) any specific matter in relation to any Contracting State.

(5) Despite subsections (2) and (4)(a), the raising, in any court proceedings, of a matter mentioned in subsection (2) or (4)(a) as a preliminary question or defence, and not as an object of the proceedings, does not prevent this Act from applying to those proceedings.

(6) A proceeding under a contract of insurance or reinsurance is not excluded from the application of this Act by reason only that the contract relates to a matter to which this Act does not apply.

(7) A proceeding is not excluded from the application of this Act by reason only that a State (including a government, a government agency or any person acting for a State) is a party to the proceeding.