Jurisdiction over Sales Contracts under the Brussels I Regulation: the Relevance of Standard Trade Terms

I. Introduction. - II. The nature and purpose of standard trade terms - 1. Standard trade terms in transnational commercial law and practice: a) Incorporation defined; b) Supplementation defined. 2. Drawing the line between incorporation and supplementation. - 3. The authors’ claim as to the relevance of incorporation and supplementation to the jurisdictional regime of the Brussels I regulation: some general remarks: a) Incorporation; b) Supplementation. - III. The “agreed” relevance of incorporated standard trade terms. - 1. The agreements on the place of performance of the relevant obligation: general remarks: a) The “status” of the agreed place of performance under Article 5(1); b) The nature and purpose of the agreements on the place of performance; c) The form of the agreements on the place of performance; d) The possible content of an agreement on the place of performance. - 2. The case of agreements incorporating standard trade terms by reference: a) Did the parties actually agreed on the incorporation of a standard trade term? b) Is the reference made by the parties sufficiently clear in itself? c) Have the parties entered into a valid agreement? d) Is the incorporated standard trade term actually intended to determine the place of performance of the obligation in question? e) Does the incorporated standard trade term designate unequivocally one place of delivery, or a limited number of such places? IV. The “objective” relevance of “supplementing” standard trade terms. - 1. Identifying the court possessing jurisdiction absent an agreement between the parties. - 2. The legal nature of the relevant standards and the case for supplementation. - 3. The conditions subject to which standard trade terms may perform a supplementary function under Article 5(1).