Summary
The most up-to-date summary 2023 CONFLICT OF LAWS
- Course
- Institution
The most up-to-date summary 2023 CONFLICT OF LAWS
[Show more]
Seller
Followkacperkaczmarczyk
Content preview
CONTRACTS TORTS▪ BRUSSELS I-BIS
JURISDICTION ▪ HAGUE CHOICE OF COURT BRUSSELS I-BIS
APPLICABLE LAW ROME I + USGC ROME II
RECOGNITION & ▪ BRUSSELS I-BIS BRUSSELS I-BIS
EFNORCEMENT ▪ HAGUE CHOICE OF COURT (identical to the one for CONTRACT)
▪ INTERNATIONAL FACTS
▪ CHARACTERISATION
▪ PIL QUESTION
▪ SOURCES
▪ SCOPE
▪ CONCURRENCE
▪ APPLICATION
▪ CONCLUSION
SCOPES FOR CONTRACTS
JURISDICTION
• BRUSSELS I-BIS
o SUBSTANTIVE SCOPE
▪ ART 1(1): Civil and commercial law – interpreted as an autonomous concept,
as laid down in
• LTU v Eurocontrol: within objectives of the regulation and MSs’
general principles
• ART 1(2): Excluded grounds
o Family law
o Law of persons
o Bakruptcy
o Social security
o Arbitration
o GEOGRAPHICAL SCOPE
▪ ART 4: Persons domiciled in a MS should be sued in this MS (even though
they are not its nationals) + ART 62: Natural persons (domiciled in an EU
MS) / ART 63: Legal persons (domiciled in an EU MS)
▪ ART 5: Persons domiciled in a MS may be sued in another MS only within
special rules (Section 2–7) + ART 62: Natural persons (domiciled in an EU
MS) / ART 63: Legal persons (domiciled in an EU MS)
• ART 63(a): Satutory seat OR
• ART 63(b): Central administration OR
• ART 63(c): Place of business
▪ ART 6: Scope in exceptional cases:
, •
ART 24: Exclusive grounds of jurisdiction (regardless of parties’
domicile)
• ART 25: Choice-of-law clause (regardless of parties’ domicile)
• ART 18: Consumer contracts (regardless of the company’s domicile)
• ART 21: Employment contracts (regardless of the employer’s
domicile)
o TEMPORAL SCOPE
• ART 66 + 81: Legal proceedings instituted on or after 10 January
2015
▪ HAGUE CHOICE OF COURT CONVENTION (HCCC) – ONLY FOR CHOICE OF
COURT
o SUBSTANTIVE SCOPE
▪ ART 3(a): “exclusive choice-of-court agreement”
o GEOGRAPHICAL SCOPE
▪ ART 1: International cases in civil and commercial law matters
▪ ART 3(a): Court chosen is from a Contracting States
• Contracting States:
https://www.hcch.net/en/instruments/conventions/status-
table/?cid=98
o Concurrence rules point to Brussels I-bis
o Denmark, Montenegro, Singapore, Mexico: HCCC
o TEMPORAL SCOPE
▪ ART 16: Choice of court must be after entry force for chosen state
APPLICABLE LAW
• ROME I
o SUBSTANTIVE SCOPE
▪ ART 1: International contractual obligations in civil and commercial matters
• ART 1(2): Exclusions
o Public law
o Tax
o Customs
o Pre-contractual liability (culpa in contrahendo)
o Arbitration and choice of court agreements
o Corporate issues
o Some other grounds
o GEOGRAPHICAL SCOPE
▪ ART 2: Universal (no geographical requirements)
o TEMPORAL SCOPE
▪ ART 28: Contracts concluded after 17 December 2009
• Croatia: After 1 July 2013
• Before 17 December 2009: Rome Convention
• Denmark: Rome Convention
▪ CISG / VIENNA CONVENTION
o SUBSTANTIVE SCOPE
▪ ART 1: Commercial sales of movable goods between companies with place
of business in different States
• ART 2-15: Exclusion (+ additional information)
, o Consumer sales
o Auction
o Execution sales
o Stocks
o Shares
o Ships
o Aircrafts
o Electricity
o (PREDOMINANTLY) Supply of services
o Validity of contract
o Property aspects
o Death/injury due to product liability
• If unclear characterisation (eg, sale & element of other contract)
o Balance obligations to define preponderant scope of contract
o GEOGRAPHICAL SCOPE
▪ ART 1(1)(a): Both parties’ place of business in different CSs (direct
application)
• ART 10(a): If a party has more than one place of business
o The one with the closest connection to contract/performance
• ART 10(b): If a party has no place of business
o Its habitual residence
▪ ART 1(1)(b): When PIL rules (eg COL rules from Rome I) refer to law of CS
(indirect application)
• Eg, Transfer between the Netherlands and Malta (seller), who is not a
CS, but Maltese law will be applicable as based on ART 4(1)(a)
Rome I
▪ ART 6: Parties can exclude the application of the CISG to their contract, but
reference to the law of a CS as applicable includes the application of CISG
o TEMPORAL SCOPE
▪ Relevant dates for particular CSs:
https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=X-
10&chapter=10
RECOGNITION & ENFORCEMENT
• BRUSSELS I-BIS
o SUBSTANTIVE SCOPE
▪ ART 1(1): Civil and commercial law – interpreted as an autonomous concept,
as laid down in
▪ LTU v Eurocontrol: within objectives of the regulation and MSs’ general
principles
• ART 1(2): Excluded grounds
o Family law
o Law of persons
o Bakruptcy
o Social security
o Arbitration
o GEOGRAPHICAL SCOPE
▪ ART 36 + 39: Judgment given in a MS and recognition/enforcement in
another MS – jurisdiction need not be Brussels-I bis
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kacperkaczmarczyk. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $27.31. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now