The Substantive Validity of Forum Selection Agreements under the Brussels Ibis Regulation

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

I. Autonomous and domestic requirements for choice-of-court agreements. - II. The views on the issue of substantive validity before the recast: 1. The self-sufficiency thesis; 2. The theses underlying a conflict-of-laws logic. - III. The reference to the law of the Member State of the chosen court(s): 1. A ‘global’ reference; 2. The reasons justifying a global reference; 3. The conflict-of-laws rules of the lex fori prorogati; 4. The case of agreements designating the courts of two or more Member States. - IV. The scope of the lex fori prorogati: 1. Substantive validity as distinct from admissibility; 2. Substantive validity as opposed to formal validity; 3. Factors vitiating the agreement to the point that it is ‘null and void’. - V. Concluding remarks.
Original languageEnglish
Title of host publicationResearch Handbook on the Brussels Ibis Regulation
EditorsP. Mankowski
Pages95-117
Number of pages23
Publication statusPublished - 2020

Keywords

  • Competenza giurisdizionale
  • Diritto internazionale privato
  • Jurisdiction
  • Private international law

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