English Commercial Law - boilerplate clauses (Law and jurisdictional choice)
It is crucial that the contract explicitly states the law and jurisdiction that, in the event of a dispute, shall govern the agreement. In the UK, this will typically be subject to English law and the English courts' authority. In general, if for any reason this phrase had been deleted and one of the parties had their abode in the EU, then the courts of all EU Member States would apply Regulation 593/2008 (often known as "Rome I") to the statute. However, there is a great deal of ambiguity regarding jurisdiction. Following Brexit, the UK will no longer be subject to the applicable Convention (Regulation 1215/2012, the recast "Brussels I"), and, in the lack of a choice, jurisdiction will be regulated by complicated common law principles.
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