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Part I Private International Law for Corporations, 2 The Incorporation and Real Seat Theories in Context

From: Freedom of Establishment and Private International Law for Corporations

Paschalis Paschalidis

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Corporations — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Common Law Rules — Recognition and enforcement of foreign judgments — Forum non conveniens — Tort/delict
2.01 Having examined the two prevailing choice of law theories concerning corporations, one may now assess these two theories in the legal framework in which they exist vis-à-vis rules on jurisdiction and substantive corporate law provisions. 2.02 International jurisdiction on civil and commercial matters is governed by Regulation 44/2001 (hereinafter ‘Brussels I regulation’).1 Article 22(2) confers exclusive jurisdiction on the courts of the seat for disputes concerning the validity of the constitution, the nullity or the dissolution of companies, or of the...
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