Performance of Obligations as the Basis of Jurisdiction and Choice of Law (Lugano and Brussels Conventions Article 5(1) and Rome Convention Article 4)

in Nordic Journal of International Law
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

When a dispute arises in connection with an international contract, it is necessary to clarify two matters: (i) the courts of which country are competent to decide on the dispute, and (ii) the law of which country applies to the merits of the dispute. Within the European Union, these matters are clarified, respectively, by the Brussels Convention on (i.a.) jurisdiction and by the Rome Convention on the law applicable to contractual obligations. The scope of application of the Brussels Convention is extended also to cover the EFTA Countries, through the Lugano Convention. The scope of the Rome Convention, on the contrary, does not reach beyond the European Union. This imbalance in the relationship between choice of forum and choice of law is particularly noticeable in Norway, which does not have a codified system of choice of law rules. The relationship between choice of forum rules and choice of law rules is highlighted in this article from the point of view of a specific connecting factor: the performance of the disputed obligation.

Performance of Obligations as the Basis of Jurisdiction and Choice of Law (Lugano and Brussels Conventions Article 5(1) and Rome Convention Article 4)

in Nordic Journal of International Law

Sections

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 12 12 7
Full Text Views 11 11 6
PDF Downloads 4 4 2
EPUB Downloads 0 0 0