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International Litigation: Choice of Court Clauses

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International Litigation: Choice of Court Clauses

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Questions and Answers

What is the primary basis for the Court's decision to reject the use of section 11(2) to ignore the EJCs in the 2017 and 2020 Distribution Agreements?

The doctrine of forum non conveniens

The doctrine of lis pendens

The mandatory terms of section 12(1) (correct)

The Hartley-Dogauchi Report on Article 5(2) of the Hague Convention

According to the Hartley-Dogauchi Report, what are the two legal doctrines that may require a court to consider deciding a dispute in a court of another State?

Choice of court agreements and jurisdiction clauses

Forum non conveniens and lis pendens (correct)

Forum shopping and anti-suit injunctions

Asymmetric jurisdiction and exclusive jurisdiction

What is the significance of the Etihad Airways PJSC v Flöther case in relation to asymmetric clauses?

It established that asymmetric clauses are not exclusive jurisdiction clauses

It held that asymmetric clauses are exclusive jurisdiction clauses for the purposes of the recast Brussels Regulation (correct)

It introduced the concept of asymmetric clauses in international contract disputes

It rejected the application of the recast Brussels Regulation to international contract disputes

Why did the Court reject the argument that article 31(2) was an exception from the first seised rule in article 29?

Because article 31(2) would lead to abusive litigation (torpedo actions) if given a narrow interpretation Signup and view all the answers

What is the purpose of article 31(2) in the recast Brussels Regulation?

To counter abusive litigation (torpedo actions) in international contract disputes Signup and view all the answers

What is the relationship between the Hague Convention and the recast Brussels Regulation according to Air Berlin's argument?

The Hague Convention and the recast Brussels Regulation operate in the same sphere and are designed to be interpreted with maximum alignment Signup and view all the answers

What is the significance of the doctrine of forum non conveniens in the context of international contract disputes?

It is a doctrine that requires a court to consider deciding a dispute in a court of another State Signup and view all the answers

What is the primary purpose of choice of court agreements in international contract disputes?

To ensure predictability of forum in international contract disputes Signup and view all the answers

What is the significance of exclusive jurisdiction clauses in international contract disputes?

They ensure predictability of forum in international contract disputes Signup and view all the answers

What is the relationship between the doctrine of lis pendens and the doctrine of forum non conveniens?

The doctrine of lis pendens and the doctrine of forum non conveniens are two separate and distinct doctrines Signup and view all the answers