• Refine Query
  • Source
  • Publication year
  • to
  • Language
  • 8
  • 3
  • 2
  • 2
  • 1
  • 1
  • Tagged with
  • 21
  • 21
  • 12
  • 10
  • 10
  • 10
  • 9
  • 8
  • 8
  • 8
  • 8
  • 7
  • 6
  • 6
  • 6
  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
21

The role of express submission to jurisdiction under the Brussels I Regulation, Brussels I (Recast) and the Hague Convention on Choice of Court Agreements

Melamu, Seapei Diana 14 July 2015 (has links)
LL.M. (International Commercial Law) / This essay seeks to look at the role of express submission to jurisdictjon under the Brussels I Regulation,lthe Brussels I (recast) Regulation2 and the Hague Convention on Choice of Court Agreements.3 The express submission to jurisdiction under the three instruments mentioned in the previous sentence refers to the situation in which parties to an international commercial contract include in their contract a court of their choice to govern any disputes that may arise between them. This designated court may or may not be situated in a country that is a member of the three instruments mentioned above. The purpose of this thesis is to determine what will occur when the court chosen is from a country that is not a member of either of the three instruments mentioned. We will first look at express submission and the role it plays in determining which court has jurisdiction. This section on express submission will provide the definition of express submission in the context of a contract which incorporates a choice-of-forum agreement between the parties who are engaged in an international commercial transaction. The thesis will view the role of submission in a common-law and civil-law country in light of express submission by contract. Finally, a distinction will be made between an exclusive and non-exclusive jurisdiction clause. A brief discussion ofthe Brussels Convention4 (The Convention) will be provided in order to present the fact that the Convention only applies when a choice-of-forum agreement in a contract has assoned thejurisdiction to a court of a country which is a member of the Convention. The Convention would not apply when a choice-of-forum agreement in a contract has assigned jurisdiction to the court of a country which is not a member to the Convention. ln order to determine whether the position has changed since the enactment of the Brussels I Regulation (Regulation) with regard to choice-of-forum agreements that designate jurisdiction to the court of a country in a nonmember state of the Regulation, provisions relating to express submission clauses will be discussed. A further discussion will be provided to ascertain whether the enactment of the Council Regulation (EC) No 4412001 of 22 December 2000 on jurisdiction and the recognition and enforcement ofjudgments in civil and commercial matters.

Page generated in 0.1495 seconds