Keywords
Summary

Keywords

1 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - AGREEMENT CONFERRING JURISDICTION - MUTUAL ASSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF DOMICILE OF THE DEFENDANT - LAWFULNESS

( CONVENTION OF 27 SEPTEMBER 1968 , FIRST PARAGRAPH OF ARTICLE 17 )

2 . CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - AGREEMENT CONFERRING JURISDICTION - MUTUAL ASSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF DOMICILE OF THE DEFENDANT - POWER OF SUCH COURTS TO TAKE INTO ACCOUNT A SET-OFF CONNECTED WITH THE LEGAL RELATIONSHIP IN DISPUTE - CONDITIONS

( CONVENTION OF 27 SEPTEMBER 1968 , FIRST PARAGRAPH OF ARTICLE 17 )

Summary

1 . ALTHOUGH , WITH REGARD TO AN AGREEMENT CONFERRING JURISDICTION , ARTICLE 17 OF THE BRUSSELS CONVENTION , AS IT IS WORDED , REFERS TO THE CHOICE BY THE PARTIES TO A CONTRACT OF A SINGLE COURT OR THE COURTS OF A SINGLE STATE , THAT WORDING CANNOT BE INTERPRETED AS PROHIBITING AN AGREEMENT UNDER WHICH THE TWO PARTIES TO A CONTRACT , WHO ARE DOMICILED IN DIFFERENT STATES , CAN BE SUED ONLY IN THE COURTS OF THEIR RESPECTIVE STATES .

2 . HAVING REGARD TO THE NEED TO RESPECT INDIVIDUALS ' RIGHT OF INDEPENDENCE , UPON WHICH ARTICLE 17 IS BASED , AND THE NEED TO AVOID SUPERFLUOUS PROCEDURE , WHICH FORMS THE BASIS OF THE CONVENTION AS A WHOLE , THE FIRST PARAGRAPH OF ARTICLE 17 CANNOT BE INTERPRETED AS PREVENTING A COURT BEFORE WHICH PROCEEDINGS HAVE BEEN INSTITUTED PURSUANT TO A CLAUSE OF THE TYPE DESCRIBED ABOVE FROM TAKING INTO ACCOUNT A CLAIM FOR A SET-OFF CONNECTED WITH THE LEGAL RELATIONSHIP IN DISPUTE IF SUCH COURT CONSIDERS THAT COURSE TO BE COMPATIBLE WITH THE LETTER AND SPIRIT OF THE CLAUSE CONFERRING JURISDICTION .