Lecture 2 Flashcards
(10 cards)
When is there a substantial connection between the forum state and the party or the transaction or occurrence in dispute?
- significant part of transaction happened in forum state.
- When a corporation received its charter or has** its principal place** of business in the forum state.
- If the dispute relates to property and that property to which the dispute arose is located in the forum state.
- When a person’s habitual residence is in the forum state.
What are the requirements for forum necessitatis?
- Required connection to the forum state (presence of or property defendant in forum state) depends per jurisdiction
- no other forum is available (willing or able to do the case– think RWANDA case).
When do courts have NO jurisdiction?
- parties previously agreed that other court has jurisdiction.
- there is a more appropiate court available.
- dispute is previousy pending in another court.
What does the procedural equality of parties entail?
- Court should ensure that both parties get equal treatment, and reasonable oppurtunity to defend theirselves.
- no discrimination based on nationality or residence.
- no extra security for not being a national/resident of the forum state
- arbitration proceedings: should not be inconvenient for the other party the choice of court
security- money
What is a provisional measure?
- court may grant provisional measures even if court has no jurisdiction.
- Urgent measures, used only where there is an imminent risk of irreparable harm.
What does the right to engage a lawyer entail?
principle 4.1 UNIDROIT
- party has right to engage lawyer in case of party’s choice.
- Lawyer must be registred as lawyer in forum state.
- lawyer from other state can actively assist in case.
What are exceptions to confidentiality (lawyer+client) ?
- if client seeks advice about furthering or concealing a crime.
- if lawyer has imp. info about clients will after client’s death.
What is a default judgement?
If you do not show up at procceeding, the judgement will be rendered against you by default.
What is tag jurisdiction?
That you accept the jurisdiction of a state by merely being physically present there.
IS EXCLUDED FROM UNIDROIT’S ‘SUBSTANTIAL CONNECTION’
When there is no explicit consent to submit the case to certain court, is IMPLIED CONSENT sufficient?
“A court should not exercise jurisdiction on the basis of implied consent without giving the parties a fair opportunity to challenge jurisdiction”.
