Part IV Special Topics, 16 Companies
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 companies — Exclusive forum clauses — Law for corporations — Parties to litigation
16.01 The position regarding companies and other legal persons is similar to that concerning immovable property. All the instruments have special provisions concerning the creation and dissolution of companies and the validity of the decisions of their organs. The Brussels Regulation (2000 and 2012) and the Lugano Convention prohibit choice-of-court agreements in this area; the Hague Convention, on the other hand, merely excludes the area from its subject-matter scope. The result is that, under all the instruments, a choice-of-court agreement in the area in...