Arbitral Tribunals and the Application of Arts 17 to 19 Commercial Agents Directive After Ingmar

Jan Engelmann

Chapter Chapter 4 in International Commercial Arbitration and the Commercial Agency Directive, 2017, pp 141-197 from Springer

Abstract: Abstract After Ingmar, parties cannot evade the mandatory regime of Arts 17 to 19 Commercial Agents Directive before a Member State court by virtue of a choice of law clause alone. Therefore, parties can and in fact were expected to further collateralise their choice of law clause with a choice of forum clause in favour of a forum which they expect to uphold their choice of law as an obvious response to Ingmar. This type of ‘tandem’ of a choice of law and an arbitration clause will enable parties to evade the mandatory regime of Arts 17 to 19 Commercial Agents Directive only to the extent to which arbitrators can mitigate the effects of Ingmar and decide the dispute in line with the parties’ original agreement. Whether, and, if so, how, arbitrators must respect overriding mandatory provisions is an equally classic and contentious question in the study of international commercial arbitration.

Keywords: Arbitral Tribunal; Commercial Agent; Arbitral Award; German Court; Arbitration Clause (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:spr:intchp:978-3-319-47449-6_4

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DOI: 10.1007/978-3-319-47449-6_4

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