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Summary

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CONVENTION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS - SPECIAL JURISDICTION - DISPUTE ARISING OUT OF THE "OPERATIONS OF A BRANCH, AGENCY OR OTHER ESTABLISHMENT" - CONCEPT - BUSINESS CONDUCTED BY A COMPANY THROUGH ANOTHER COMPANY WITH THE SAME NAME AND IDENTICAL MANAGEMENT - INCLUDED

( CONVENTION OF 28 SEPTEMBER 1968, ART . 5 ( 5 ) )

Summary

ARTICLE 5 ( 5 ) OF THE CONVENTION OF 27 SEPTEMBER 1968 ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS MUST BE INTERPRETED AS APPLYING TO A CASE IN WHICH A LEGAL ENTITY ESTABLISHED IN A CONTRACTING STATE MAINTAINS NO DEPENDENT BRANCH, AGENCY OR OTHER ESTABLISHMENT IN ANOTHER CONTRACTING STATE BUT NEVERTHELESS PURSUES ITS ACTIVITIES THERE THROUGH AN INDEPENDENT COMPANY WITH THE SAME NAME AND IDENTICAL MANAGEMENT WHICH NEGOTIATES AND CONDUCTS BUSINESS IN ITS NAME AND WHICH IT USES AS AN EXTENSION OF ITSELF .