Part IV Special Topics, 14 Individual Contracts of Employment Under Brussels and Lugano
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
- Choice of court and employment contracts — International Scope — Law of the country of domicile — Anti-suit injunctions
14.01 The position with regard to individual contracts of employment is broadly similar to that concerning consumer contracts. The Hague Convention excludes from its scope choice-of-court agreements “relating to contracts of employment, including collective agreements”.2 This means that such agreements cannot be enforced under the Hague Convention, but it does not preclude their enforcement on some other basis. Under the European instruments, the position is different: contracts of employment are within the scope of the instruments, but special jurisdictional...