Keywords
Summary

Keywords

CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - JURISDICTION IN MATTERS RELATING TO A CONTRACT - SCOPE - DISPUTE BETWEEN THE PARTIES AS TO THE EXISTENCE OF THE CONTRACT - JURISDICTION EXTENDS TO THAT QUESTION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 5 ( 1 ))

Summary

IN THE CASES PROVIDED FOR IN ARTICLE 5 ( 1 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 , THE NATIONAL COURT ' S JURISDICTION TO DETERMINE QUESTIONS RELATING TO A CONTRACT INCLUDES THE POWER TO CONSIDER THE EXISTENCE OF THE CONSTITUENT PARTS OF THE CONTRACT ITSELF , SINCE THAT IS INDISPENSABLE IN ORDER TO ENABLE THE NATIONAL COURT IN WHICH PROCEEDINGS ARE BROUGHT TO EXAMINE WHETHER IT HAS JURISDICTION UNDER THE CONVENTION . THEREFORE THE PLAINTIFF MAY INVOKE THE JURISDICTION OF THE COURTS OF THE PLACE OF PERFORMANCE IN ACCORDANCE WITH ARTICLE 5 ( 1 ) OF THE CONVENTION , EVEN WHEN THE EXISTENCE OF THE CONTRACT ON WHICH THE CLAIM IS BASED IS IN DISPUTE BETWEEN THE PARTIES .