Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?
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Luca G. Radicati di Brozolo
The exclusion of antitrust claims from the draft of the Hague Convention on Jurisdiction and Enforcement of Judgments is unjustified and counterintuitive in the face of the increasing emphasis on private antitrust enforcement. The article examines the issues of forum selection agreements and the forum for actions for damages and the reasons for a reconsideration of the problem by the Hague Conference on Private International Law. The analysis takes into account recent developments in the approaches to extraterritorial jurisdiction and of the increased role of party autonomy in conflicts jurisdiction which favors recourse to forum selection and arbitration even in the presence of mandatory rules.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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- Explaining Welfare-Based Torts
- Adapting Human Rights to Privatised Infrastructure Projects
- Frontiers Article
- From Lerotholi to Lando: Some Examples of Comparative Law Methodology
- Authors and Users in the Cyberspace: A Survey on Intellectual Property and the Internet from the Spanish (and European) Legal System
- Hegemonic Human Rights and African Resistance: Female Circumcision in a Broader Comparative Perspective
- Advances Article
- The Learned Hand Formula: The Case of the Netherlands
- Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?
- Global Governance: An Heretical History Play
Artikel in diesem Heft
- Topics Article
- Do We Need a European Sales Law?
- Explaining Welfare-Based Torts
- Adapting Human Rights to Privatised Infrastructure Projects
- Frontiers Article
- From Lerotholi to Lando: Some Examples of Comparative Law Methodology
- Authors and Users in the Cyberspace: A Survey on Intellectual Property and the Internet from the Spanish (and European) Legal System
- Hegemonic Human Rights and African Resistance: Female Circumcision in a Broader Comparative Perspective
- Advances Article
- The Learned Hand Formula: The Case of the Netherlands
- Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?
- Global Governance: An Heretical History Play
