EU Regulation No 44/2001
If parties have agreed that a court or courts of a Member state are to have jurisdiction, that court or courts shall have jurisdiction.
Such jurisdiction shall be exclusive unless the parties have agreed otherwise.
New Treaty Hague Conf on Priv Intl Law Convention on Choice of Court Agreement.
Four basic rules:
court chosen by parties with exclusive jurisdiction, then court has jurisdiction, unless agreement is null and void under law of that chosen state. Art.5
if exclusive choice of court agreement exists, court not chosen does not have juris and must refuse to hear case. Art. 6
if exclusive, and court issues judgment, judgment must be recognized by any other court, subject to certain exceptions (incl. public policy). Art. 8
when country signs treaty, has options to extend treaty to non exclusive choice of court agreements. Art. 22
has not entered into force yet, but it is open for signature
US has informally indicated that it intends to sign it
see page 162
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APPROACHES TO CHOICE OF LAW
US Restatement
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