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Convention on International Interests in Mobile Equipment Act, 2007 (Act No. 4 of 2007

Schedules

Schedule 1 : Convention

Chapter XII : Jurisdiction

Article 43 - Jurisdiction under Article 13

 

 

(1) The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13 (1)(a), (b), (c) and Article 13 (4) in respect of that object.

 

(2) Jurisdiction to grant relief under Article 13 (1)(d) or other interim relief by virtue of Article 13 (4) may be exercised either—
(a) by the courts chosen by the parties; or
(b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.

 

(3) A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 13 (1) will or may take place in a court of another Contracting State or by arbitration.