ASPECTS REGARDING THE ENFORCEABILITY AGAINST THIRD PARTIES OF CHOICE OF COURT AGREEMENTS IN INTERNATIONAL DISPUTES

Alina Oprea ()
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Alina Oprea: Faculty of Law, Babes Bolyai University from Cluj-Napoca

Perspectives of Law and Public Administration, 2016, vol. 5, issue 1, 33-46

Abstract: The problem enforceability of agreements conferring jurisdiction to persons other than the parties that have accepted knows no textual legal settlement in European procedural law. Through its action, the European Court of Justice, however, brought important clarifications in the matter, without following yet a uniform: the disputes brought before it, the high European court preferred for certain hypotheses to consider solutions of national law, effectiveness agreements conferring jurisdiction admissible conditioning; other times, she opted for the formulation of European autonomous substantive rules recognizing or, alternatively, directly denying their effectiveness. In an attempt to bring more clarity in the matter, the study proposes a review of existing solutions, identifying their justifications and offering several key milestones that should be considered in solving concrete problems in practice.

Keywords: choice of court agreements; opposability; assignment of contract; chain o f contracts transferring ownership; contract containing a stipulation in favour of a third party; article of association (search for similar items in EconPapers)
JEL-codes: K12 K22 K41 (search for similar items in EconPapers)
Date: 2016
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:5:y:2016:i:1:p:33-46

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