Part III Validity and Effect, 8 Effects 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
- Choice of court and consumer contracts — Choice of court and employment contracts — Exclusive forum clauses — Validity and effect — Capacity of parties — Contract — Express choice — Public policy — Forum non conveniens — Jurisdiction and subject matter connection with England — Recognition and enforcement of foreign judgments
8.01 The most important effect of a valid choice-of-court agreement is that it grants jurisdiction to the designated court and (if exclusive) deprives all other courts of jurisdiction.1 To consider how and when this rule applies, we must discuss a number of specific issues. 8.02 In all legal systems, this is primarily a matter of interpreting the choice-of-court agreement, something which in the European Union is a matter for the Member-State courts, rather than the CJEU.2 However, there is a little bit more to the question than this, and it is desirable to...