OPPOSIBILITY OF CHOICE-OF-COURT AGREEMENTS AGAINST THIRD PARTIES UNDER THE HAGUE CHOICE-OF-COURT CONVENTION AND BRUSSELS IBIS REGULATION
OPPOSIBILITY OF CHOICE-OF-COURT AGREEMENTS AGAINST THIRD PARTIES UNDER THE HAGUE CHOICE-OF-COURT CONVENTION AND BRUSSELS IBIS REGULATION

Summary/Abstract: A choice-of-court agreement usually incorporated in a contract has an effect limited to the relations between the contractual parties. The rights and/or obligations under the contract and even the contract as a whole may be transferred to third parties. This could happen for example as a result of universal transfer of assets (successions, mergers and acquisitions of companies) or specific transfer of assets (assignment of receivables or debts, subrogation, stipulation in favour of a third party,transfer of contract); or, in case of multiple parties (e.g. articles of association). May the third parties find themselves involved in a choice-of-court agreement, or even in a proceeding which is already under way?This paper aims at answering this question using the Hague Convention of 30 June 2005 on Choice of Court Agreements (hereinafter the“Hague Convention”) entering into force on the 1st of October 2015 and the Regulation Brussels Ibis applicable since 10th of January 2015.

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