International business transactions



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OUTLINE International Business Transactions
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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