leave the jurisdiction upon becoming aware. By contrast, in Adams v Cape the question of whether a company was present was to analogise from the reasoning of human beings. The court must be either able to determine presence as (a) servants of the corporation carrying on its business from a fixed place maintained by the corporation, or (b) a representative of the corporation carrying on the business of the corporation from a fixed place. Either of these criteria will determine the company is present. This is designed to prevent the argument that the company is present wherever a company officer or director is present. If the representative/servant has the power to bind the corporation into a contract without seeking approval from other entities abroad, presence will be determined. The difficulty of determining presence of a company derives primarily because it is difficult to apply to the margins. Travelling salesmen certainly operate in jurisdictions on behalf of companies, enjoying the benefit of economic markets, and under the current criteria would not be considered "present". The U.S. model operates on the assumption that the conclusion of any contract will bind the corporation in that jurisdiction. Further, the common law's ignorance as to the content of the judgment itself. This was seen notably in Adams v Cape itself. The effect of corporate presence is that any claim relating whatsoever can be brought against the corporation, regardless of the work the corporation conducts within the jurisdiction. Not present but agreed to accept the adjudication of the foreign court The second criterion where a party may be subject to a foreign judgment recognised in England is where the defendant has accepted the foreign court. This is consistent with the English court's approach to a choice of jurisdiction clause: a judgment will be denied recognition at common law if the adjudicating court failed to give effect to a choice of court clause or arbitration agreement. A party will not sufficiently submit to a jurisdiction by simply agreeing to a contract in a foreign jurisdiction. If, for example, parties 'A' and 'B' agreed to be bound to a contract which included the terms "this contract shall be governed by the law of England and Wales and the English courts shall have exclusive jurisdiction to decide matters arising from the contract", both parties will be unable to commence proceedings in New York, even if the New York court