Evento: Jurisdiction of commercial agreements in european and international disputes – Seminario BMKE por Sownthatika Sothinathan
Fecha : 25.03.2019
Lugar : Bufete Maña-Krier-Elvira, Barcelona, España
It is important to sort out applicable law as well as jurisdiction in commercial agreements. An English court can hear a claim but apply Italian law which can make the litigation more complicated and expensive. Applicable law is the law which will be used in court to hear a claim, which is based on Rome I (EC 593/2008). Jurisdiction defines which court of which country will hear a claim, which is based on Bruxelles I (EU 1215/2012). When no express choice is made by the parties, applicable law and jurisdiction will be applied according to EU Law: Applicable Law will be the one from the country where the agents or distributors central administration or principal place of business is. Example: A German commercial agent, who worked for an Italian company in Germany, can sue his claims in Germany. The law of another country will apply, when there is prove that the agreement is more connected to the relevant country. Jurisdiction must be the local court of the party which is going to be sued: For companies, its central administration or principal place of business. An Exception/Alternative is to sue the other party in the country where the agent or distributor was providing its services.