Ancel and Cuniberti on One Sided Jurisdiction Clauses
Pascal Ancel and I (University of Luxembourg) have posted One Sided Jurisdiction Clauses – a Casenote on Rothschild on SSRN.
This is a short casenote of the decision of the French Supreme Court of September 26th, 2012, which found that one-sided jurisdiction clauses are void for being binding on one party only, and are thus contrary to the purpose of Article 23 of the Brussels I Regulation. The first part of the note discusses the private international law aspects of the case. The second part discusses the application of the francophone doctrine of potestativite in the context of jurisdiction clauses.
Note: downloadable document is in French.
Richard Fetiman commented on the same judgments in the newest issue of the Cambridge Law Journal; see http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=8857945&fulltextType=CR&fileId=S0008197313000251
Does anyone have a copy of the Bulgarian judgment which follows Rothschild, even in Bulgarian?
The full text (in Bulgarian) of the judgment of the Bulgarian Supreme Court of Cassation from September 2nd, 2011 can be found at
http://domino.vks.bg/bcap/scc/webdata.nsf/Keywords/C8F68993563DD5FFC22578FF00499C60