This is a document that lays out the relevant articles and legislation for each week for the course "Private International Business Law" at the University of Groningen. All the relevant cases and legislation from the lectures are incorporated, with definitions of concepts that are necessary to know...
Complete Summary Private International Business Law - RGBIP50005 (RGBIP50005)
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Rijksuniversiteit Groningen (RuG)
Rechtsgeleerdheid: Internationaal en Europees recht
Private International Business Law (RGBIR50010)
All documents for this subject (2)
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Private Business International Law,
exam review document
, Week 1
Drafting general terms & conditions
Starting with jurisdiction.
Brussels Ibis Regulation
- Art. 1: Substantive scope. Regulation applies to civil & commercial
matters.
- Art. 4: Formal scope. Domicile of the defendant prevails. Once a person is
not domiciled in a MS, the regulation WILL NOT APPLY.
- Art. 66: Temporal scope.
- Art. 25 – party agreement on JURISDICTION, the two parties may have
agreed on conferring jurisdiction to a particular court.
- Recognition of judgements within the MS Art. 36 Ibis.
- Enforcement of judgements within the MS Art. 38 Ibis.
Choice of forum clause
- Exclusive: Only one court has jurisdiction over a dispute that has arisen,
parties agree to it to be so.
- Non-exclusive: There is a designated competent court, however, parties can
still choose to sue elsewhere.
- Asymmetric: One party can only sue the other one within the borders of a
particular country, however, the other party may sue the defendant
anywhere/elsewhere. Big companies such as TripAdvisor may include such
forum clauses in their consumer contracts.
Exclusive choice of forum is usually the fairest option.
Now, applicable law.
Rome I Regulation
- Art. 3: Parties are free to choose whichever country’s laws they want to be
bound by. We can draft terms & conditions of a contract accordingly, relying
on such party autonomy. B2B contracts do not have limitations for the
choice of applicable law that governs the terms & conditions of a contract.
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