CURIA

Brussels and Lugano Conventions

Classification Scheme



E Convention on Jurisdiction and Enforcement of Judgments
E-17 Prorogation of jurisdiction
E-17.01 Agreements of jurisdiction
E-17.01.00 General

Scope of Article 17 - Designation of an Austrian court - Parties domiciled in Austria and in a Non-Contracting State - Requirement of a connection with another Contracting State - Condition not fulfilled - Inapplicability of Article 17 - N° 1999/19

Agreement conferring jurisdiction - Formal requirements - Printed clause inserted on the front in an obvious way and on the back of an order form signed by the defendant - Validity of the clause - N° 1999/53

Clause conferring jurisdiction - Consensus between the parties - Criteria - Need to formulate the clause so as to enable the competent court to be determined on its wording alone - None - N° 2001/1

Clause attributing jurisdiction in a bill of lading - Enforceability against a third party bearer - Conditions - N° 2001/1

Scope of the first paragraph of Article 17 - Clause concluded by at least one party domiciled in a Contracting State and conferring jurisdiction on a court of a Contracting State - N° 2001/1

Scope of the exclusive jurisdiction of the designated court - Claim for a declaration that the contract containing the jurisdiction clause is void - Inclusion - N° 2001/31

Agreement conferring jurisdiction - Effects - Obligation to disclose the possible existence of a jurisdiction clause in favour of a foreign court - Scope - N° 2002/43

Agreement conferring jurisdiction - Effects - Commercial agency contract - Clause providing for the exclusive jurisdiction of the courts of the place of the applicant’s registered office - Definition of claimant - Application for an order terminating the contract and prohibiting the use of a logo - Included - N° 2003/19

Agreement conferring jurisdiction - Effects - Jurisdiction clause in a bill of lading - Enforceability as against third-party holder - Conditions - Consent of third-party holder - Insurers subrogated to the rights of the consignee of goods, the holder of the bill of lading, who has not accepted the jurisdiction clause by the time of delivery - Clause unenforceable against insurers - N° 2003/31

Formal requirements - Agreement inserted in a contract concluded orally in a form which did not comply with the practices which the parties had established between themselves - Lack of evidence as to whether that form was permitted in the usage of international trade - Clause not valid - N° 2003/39

Scope of Article 17 - Contract concluded orally - Clause conferring jurisdiction incorporated in the standard terms of purchase set out on the back of a letter containing contract and invoice, not signed by the other party to the contract - Existence of regular commercial relations between the parties in part inconsistent with those terms - Not sufficient to establish existence of a valid clause conferring jurisdiction - N° 2004/23




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