International Jurisdiction in Tort and Arbitration

A principle in tort law that grants jurisdiction to the court where the harmful event occurred.

An agreement between parties that designates a specific court for resolving disputes.

A type of COCA where the parties explicitly state the chosen court in a written agreement.

A type of COCA where the chosen court is implied through the parties' actions or conduct.

A legal principle that validates a COCA even if other parts of the contract are invalid.

When a court accepts a COCA and proceeds with the case, even if it did not initially have jurisdiction (based on where the claim arose).

When a court denies jurisdiction after parties agree on a specific court, effectively rejecting the COCA.

When a contract is invalid due to lack of legal requirements (e.g., lack of legal capacity).

Determines the applicable law based on the country with the strongest connection to the dispute. This is a central principle in the Rome I Regulation.

A legal presumption that the closest connection test applies, unless overridden by a specific choice of law provision.

Enables courts to apply mandatory rules (laws with strong public policy) from another country if the case has a strong connection to that country.

Allows courts to apply mandatory rules of the forum state (where the case is being heard), even if those rules differ from the generally applicable law of the contract.

A set of rules governing conflicts of law, focusing on contractual obligations within the EU. (Excluding Denmark)

A set of rules governing conflicts of law concerning non-contractual obligations within the EU.

The principle that a choice of law can be made by the parties involved in a contract, subject to limitations.

A legal rule that seeks to prevent a party from bringing legal action after considerable delay.

A provision that allows a state to 'opt out' of the CISG, choosing instead to apply its own internal sales law when both parties are from the same state.

Allows a state to 'opt out' of Article 1(1)(b) of the CISG, which applies the CISG to contracts where both parties are from different states but have a 'closely connected place of business' in a CISG state.

The CISG applies if both parties are from states that have ratified the CISG (like Germany and Denmark).

Yes, parties can agree on the applicable law in their sales contract. This is allowed in Article 4(1) of the CISG.

A German court would likely apply the CISG, since both Germany and Denmark are contracting states to the CISG.

Similar to the German court decision, a Danish court would likely apply the CISG due to both countries being contracting states, as per Article 1(1)(a) of the CISG.

This is a tricky scenario, as the CISG is not universally applicable. A court would need to carefully consider all factors, including the parties' place of business, the 'closely connected' provision, and specific circumstances.

These are legal rules that cannot be deviated from, even by contract. This is a fundamental principle of international law and applies across various areas including consumer protection and human rights.

An arbitration agreement is considered in writing if its content is recorded in any way, regardless of how the agreement was originally made (verbally, through actions, etc.).

Electronic communications meet the writing requirement for an arbitration agreement if the information is readily accessible and reusable.

Electronic communication refers to any form of communication that uses data messages.

Data message implies information generated, sent, received, or stored electronically, including formats like EDI, email, telegram, telex, and fax.

The law of the place where the damage occurs determines applicable law.

An exception to Lex Loci Damni, where the habitual residence of the parties determines applicable law.

A specific law within the Rome I Regulation, giving courts jurisdiction when the case has a stronger connection to another country than the place of damage.

The Rome I Regulation states that Article 4(2) does not apply, and instead, the law of the country where the product was put into circulation applies in cases of product liability.

A legal rule used to determine which law applies in a legal dispute, especially when the involved parties are from different countries.

A legal principle stating that all laws under the Rome I Regulation apply equally, regardless of the country where the law originated.

A legal principle used to determine applicable law based on where the parties are habitually resident.

A legal rule used to determine applicable law for non-contractual obligations arising from damage caused by a product. This rule is an exception to the general rule of 'lex loci damni'.

An arbitration award is considered legally binding and must be upheld by the courts of contracting states in the UNCITRAL Model Law.

Courts should not interfere with the procedures and decisions of an arbitral tribunal.

Each contracting state must ensure that arbitration awards are recognized and enforced in its territory.

The UNCITRAL Model Law aims to ensure that recognition and enforcement of arbitral awards don't face burdensome conditions compared to domestic awards.

Courts should not impose more demanding conditions or stricter rules for recognizing and enforcing international arbitration awards than for domestic arbitration.

Arbitral tribunals should operate autonomously, free from undue interference by national courts.

The procedural rules of the country where recognition or enforcement is sought should be followed.

Under the UNCITRAL Model Law, arbitration awards have legal force and should be upheld by the courts of the contracting states.