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Jurisdiction in Complex Contracts under the Brussels I Regulation

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Abstract:

This article explores how the Brussels I Regulation deals with the allocation of jurisdiction in complex contracts, ie contracts involving either one obligation or a multiplicity of obligations with multiple places of performance. It presents the ECJ's approach to this issue under Article 5(1) of the Brussels Convention (which approach is still relevant under Article 5(1)(a) of the Brussels I Regulation) and Article 5(1)(b) Brussels I Regulation, and evaluates the two approaches. It concludes that Article 5(1)(b) of the Brussels I Regulation is an improvement over Article 5(1) of the Brussels Convention and recommends widening its scope.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/174410411796868661

Publication date: August 1, 2011

More about this publication?
  • Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
hart/jpil/2011/00000007/00000002/art00005
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