Part III Validity and Effect, 7 Validity of Choice-of-Court Agreements
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
- Validity and effect — Jurisdictional and choice of court agreements — Choice of court and employment contracts — Choice of court and companies — Shipping — Establishing jurisdiction — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Common law recognition — Evidence — Capacity of parties — Court proceedings — Applicable law — Contract — Choice of law clauses — Consent in choice of law
7.01 In this chapter, we consider the rules for determining the validity of choice-of-court agreements. As was explained in Chapter 1, a choice-of-court agreement has a hybrid nature. On the one hand, it is a private-law contract: to this extent it falls under the law of contract; on the other hand, it has procedural (jurisdictional) consequences: to this extent, it falls under the law of procedure. In order to be valid, it must comply with the normal requirements for a private-law contract. If it is not valid as a contract, it can have no jurisdictional effects....