Damages for Breach of Choice of Court Agreements
12 Pages Posted: 10 Oct 2010
Date Written: February 18, 2010
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
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