Part I Introduction, 1 Introduction
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Contractual term — Validity and effect — Jurisdictional agreements and the common law — Jurisdictional agreements and the Brussels Regulation — Exclusive forum clauses — Jurisdiction and the English courts — Forum non conveniens — Judgments from designated court under dispute resolution agreement — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Judgments from courts of a member state — Hague Evidence Convention — Choice of law clauses
1.01 One of the problems of international business transactions is that when parties draft a contract, they cannot always be certain where litigation will take place. For this reason, a provision stating how and where disputes are to be resolved is a desirable feature of any international contract. Unless they know in advance what the forum will be, the parties cannot draft the contract in an appropriate way. Attaining predictability in this respect usually requires a choice-of-court agreement or an arbitration agreement. This book is concerned with the former. It...