Volume 9 (2009)
Most Downloaded Articles
- Definition of "Investment": Could a Persistent Objector to the Salini Tests be Found in ICSID Arbitral Practice? by Martin, Antoine
- Comparative Personal Property: The Case of Shares by Pretto, Arianna
- Female Circumcision as Female Genital Mutilation: Human Rights or Cultural Imperialism? by Oba, Abdulmumini A
- The E-Commerce Directive and Formation of Contract in a Comparative Perspective by Ramberg, Christina Hultmark
- The International Legal Personality of Multinational Enterprises: Treaty, Custom and the Governance Gap by Hansen, Robin F.
Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?
1Universita’ Cattolica di Milano, email@example.com
Citation Information: Global Jurist Advances. Volume 4, Issue 2, Pages –, ISSN (Online) 1535-1661, DOI: 10.2202/1535-1661.1131, October 2004
- Published Online:
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.