Damages for Breach of Choice of Court Agreements

12 Pages Posted: 10 Oct 2010

See all articles by Gilles Cuniberti

Gilles Cuniberti

University of Luxembourg; Universite du Luxembourg - Faculty of Law, Economics and Finance

Marta Requejo

affiliation not provided to SSRN

Date Written: February 18, 2010

Abstract

Choice of court agreements have long been regarded as critically important in international trade. Their usefulness, however, is conditional upon the availability of efficient remedies in case of breach. In the last 10 years English and Spanish courts have awarded damages. This paper presents briefly these cases, and then discusses whether damages are an admissible remedy. In the European Union, the paper argues that the European Court of Justice would not, in most likelihood, validate it, except in very special circumstances.

Note: Downloadable document is in French.

Keywords: International jurisdiction, Choice of court agreement, Damages, antisuit injunction

Suggested Citation

Cuniberti, Gilles and Requejo, Marta, Damages for Breach of Choice of Court Agreements (February 18, 2010). University of Luxembourg Law Working Paper No. 2010-2. Available at SSRN: https://ssrn.com/abstract=1689417 or http://dx.doi.org/10.2139/ssrn.1689417

Gilles Cuniberti (Contact Author)

University of Luxembourg ( email )

Faculté de Droit
4, rue Alphonse Weicker
Luxembourg, 2721
Luxembourg

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

4 rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

Marta Requejo

affiliation not provided to SSRN

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