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International Jurisdiction and Commercial Litigation - Uniform Rules for Contract Disputes (Hardcover, Edition.)
Loot Price: R4,504
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International Jurisdiction and Commercial Litigation - Uniform Rules for Contract Disputes (Hardcover, Edition.)
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avoiding gaps and provide a claimant with limited forum shopping
possibilities. In that same vein, the paradigm proposed by Ms. Van
Lith ought to shift to special grounds of jurisdiction based on
sufficient connection between the defendant and the forum state. In
that respect, she proposes jurisdiction at the place where the
defendant has a fixed place of business from which he carries out
business activities directly related to the claimant's contractual
claim. Absent such a place of business, jurisdiction is to be
vested in the courts of the country where the defendant is engaged
in substantial business activities in relation to the contract with
a limited forum shopping for a claimant in favour of the court of
the defendant's home country. Other general or special grounds for
jurisdiction (such as claimant-related connections or
property-based connections) are rejected because they do not meet
the proposed paradigm of sufficient connection. As to exceptions to
international jurisdiction rules as proposed, Ms. Van Lith comes to
the conclusion that a general escape provision is to be avoided
except for the 'tra- acting business' rule where - in accordance
with the paradigm proposed - international jurisdiction can be
avoided in favour of the defendant's home court when the dispute is
insufficiently connected with the forum making it unfair under the
circumstances to expect the defendant to be subjected to the
jurisdiction of that court. In this respect, a balanced approach to
predictability and flexibility is being proposed.
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