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Jurisdiction Agreements on Trial: Current Problems – Future Solutions

Part of the Herbert Smith Private International Law Seminar Series

9th December 2009

The seminar will be dedicated to present problems and new perspectives on choice of court agreements. Cases such as UBS v. Nordbank, Deutsche Bank v. Asia Pacific Broadband Wireless and Highland Crusader v. Deutsche Bank have shown that many issues remain to be discussed, be it on the effect of non-exclusive jurisdiction agreements, potentially conflicting jurisdiction agreements or consent under Art. 23 of the Brussels I Regulation. The currently debated review of the Brussels I Regulation can bring some clarification in this regard. A presentation of the 2005 Hague Convention on Choice of Court agreements will shed light on the delicate interplay of European and international Private International Law Instruments relating to forum selection. One of the main questions will be, when and under which conditions priority of the selected forum can be assured. A closer look at methods for drafting jurisdiction agreements will help practitioners to avoid uncertainties

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