Forum Selection Clauses
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Statutes
"3152. Québec authorities have jurisdiction to hear a real action if the property in dispute is situated in Québec.
1991, c. 64, a. 3152; I.N. 2014-05-01."
Cases
Comments
Parties may, by agreement, submit their disputes to the jurisdiction of a foreign court [article 3148]. If the choice is exclusive, Quebec courts will decline to act. Despite its lack of jurisdiction, however, a Quebec authority may nonetheless hear a dispute that has a sufficient connection with Quebec, where proceedings cannot possibly be instituted in Quebec, or where the institution of such proceedings outside Quebec cannot reasonably be required [article 3136]. For example, if the financed property is situated in Quebec, local court proceedings will be necessary for the repossession of the property in the event of default.
As Quebec has enacted provisions for the recognition and enforcement of foreign judgments, its courts will recognize and enforce foreign decisions, subject to certain prescribed exceptions such as procedural requirements and public order.
Contributors
Me Dario Santillo
Gross, Pinsky
The statutory information was edited and reviewed with the support of MultiState
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