For example: an exclusive distributor has violated a non-competition clause. The supplier terminates the contract, but the distributor sees reason enough to bring the matter to court. The problem is that the parties did not regulate which law was to govern the contract, nor which court has jurisdiction to hear and decide on disputes.
When does private international law apply?
Private international law is becoming increasingly
important as a result of globalisation, international outsourcing
and takeovers. The importance of this specific area of law becomes
clear when international parties become engaged in a legal dispute
on e.g. the performance of an agreement, or are confronted with a
possibly wrongful act. Important questions that must be answered
before starting legal proceedings are the following:
1) Which court has jurisdiction in this international
case?
2) Which is the governing law?
Another question in the event of such disputes is how to have a
foreign judgment acknowledged and enforced.
Rules of private international law
Private international law comprises national laws as well
as EC regulations and international treaties. Within the last years
the European law regarding Private International Law has been
extended greatly by case-law.
What can we offer you?
Our team specialises in problems of private international
law. We can:
Choice of forum
For more information on the choice of forum under private
international law, you can order the book "Forumkeuze in het Nederlandse internationaal
privaatrecht" by Pieter Kuypers, head of the
practice group (Pressmark: 187: C.3.9.KUYP).
