10 Questions
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 mandatory terms of section 12(1)
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?
Forum non conveniens and lis pendens
What is the significance of the Etihad Airways PJSC v Flöther case in relation to asymmetric clauses?
It held that asymmetric clauses are exclusive jurisdiction clauses for the purposes of the recast Brussels Regulation
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
What is the purpose of article 31(2) in the recast Brussels Regulation?
To counter abusive litigation (torpedo actions) in international contract disputes
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
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
What is the primary purpose of choice of court agreements in international contract disputes?
To ensure predictability of forum in international contract disputes
What is the significance of exclusive jurisdiction clauses in international contract disputes?
They ensure predictability of forum in international contract disputes
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
Test your knowledge of international litigation, including choice of court clauses, the Brussels I Regulation Recast, and the 2005 Hague Choice of Court Convention. Learn about jurisdiction rules and alternatives to choice of court clauses.
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