International business transactions


Rome Convention (Convention on the Law Applicable to Contractual Obligations)



Download 107.2 Kb.
Page4/76
Date12.05.2022
Size107.2 Kb.
#58792
1   2   3   4   5   6   7   8   9   ...   76
OUTLINE International Business Transactions
1980 Rome Convention (Convention on the Law Applicable to Contractual Obligations)

~~~~~~~~~~~~~~~~~~~~~~~


CHOICE OF FORUM
Shell v. R.W. Sturge Ltd.

  • Forum selection clause in an international agreement should control absent a strong showing that it should be set aside.

    • The correct approach is to enforce the forum clause specifically unless P can clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching.

    • The presumptive validity of the forum selection clause may also be set aside if P can show that trial in the contractual forum will be so gravely difficult and inconvenient that they will for all practical purposes be deprived of their day in court or if enforcement would contravene strong public policy of the forum state.


NY ยง 5-1401



Download 107.2 Kb.

Share with your friends:
1   2   3   4   5   6   7   8   9   ...   76




The database is protected by copyright ©ininet.org 2022
send message

    Main page