Schadensersatz wegen der Verletzung einer internationalen Gerichtsstandsvereinbarung?

• Applicant: Dr. Jennifer Antomo
• Subject Area: Private Law
• Term: from 2017 to 2019
• Project identifier: Deutsche Forschungsgemeinschaft (DFG) - Project number 354841670

Parties to international commercial contracts often agree on the exclusive jurisdiction of a certain state's courts. However, such international choice of court agreements are not always respected by the parties and neither are they binding in some jurisdictions. Remedies, such as anti-suit injunctions, do not always protect the party relying on the agreement from the consequences of being sued in a derogated forum. The dissertation examines if it would be possible to claim damages for the breach of an international choice of court agreement. lt also analyses relevant foreign case law, and discusses the topic's dogmatic and political aspects from the German courts' perspective. The work then goes on to explore the differences arising from the application of the Hague Convention on Choice of Court Agreements and the revised Brussels I Regulation.

• DFG Programme: Publication Grants