Translation of "Clause de compétence " (French → English) :

Can an agreement conferring jurisdiction reached prior to the existence of a dispute confer jurisdiction on a court outside the scope of Regulation No 44/2001, if, by virtue of the agreement conferring jurisdiction, the jurisdiction conferred under Articles 18 and 19 of Regulation No 44/2001 would not apply?

In particular, even though the 1958 New York Convention is generally perceived to operate satisfactorily, parallel court and arbitration proceedings arise when the validity of the arbitration clause is upheld by the arbitral tribunal but not by the court; procedural devices under national law aimed at strengthening the effectiveness of arbitration agreements (such as anti-suit injunctions) are incompatible with the Regulation if they unduly interfere with the determination by the courts of other Member States of their jurisdiction under the Regulation[25]; there is no uniform allocation of jurisdiction in proceedings ancillary to or su ...[+++]pportive of arbitration proceedings[26]; the recognition and enforcement of judgments given by the courts in disregard of an arbitration clause is uncertain; the recognition and enforcement of judgments on the validity of an arbitration clause or setting aside an arbitral award is uncertain; the recognition and enforcement of judgments merging an arbitration award is uncertain; and finally, the recognition and enforcement of arbitral awards, governed by the NY Convention, is considered less swift and efficient than the recognition and enforcement of judgments.

The clauses of universal jurisdiction in the Greek, Lithuanian, Polish, Slovakian and Slovenian legislation as well as in the Cypriot Bill may enable these Member States to comply, at least partially, with paragraphs 1 and 3 in the absence of explicit implementation.

Arbitration clauses - which provide for the designation of an arbitrator or an arbitration board rather than a court in the event of a dispute - and choice of forum clauses - i.e. clauses designating the court having jurisdiction in the event of a dispute - are excluded from the scope of the Convention.

OMAI and Cape contended that the clause in those contracts conferring jurisdiction on the Giudice di Pace (Magistrate), Viadana, was unfair within the meaning of the Italian Civil Code and was consequently unenforceable against the parties to the contracts.

According to this method of work, provisions on the following issues should be examined: consumer contracts, individual employment contracts, branches, multiple defendants, prohibited grounds of jurisdiction, authority of the court seized, lis-pendens and exceptional circumstances for declining jurisdiction, legal aid, damage, authentic instruments, disconnection clause, federal clauses and e-commerce.