A GJ Advances article.

Abstract

The exclusion of antitrust claims from the draft of the Hague Convention on Jurisdiction and Enforcement of Judgments is unjustified and counterintuitive in the face of the increasing emphasis on private antitrust enforcement. The article examines the issues of forum selection agreements and the forum for actions for damages and the reasons for a reconsideration of the problem by the Hague Conference on Private International Law. The analysis takes into account recent developments in the approaches to extraterritorial jurisdiction and of the increased role of party autonomy in conflicts jurisdiction which favors recourse to forum selection and arbitration even in the presence of mandatory rules.

Originally published in Global Jurist Advances.

Recommended Citation

Radicati di Brozolo, Luca G. (2004) "Antitrust Claims: Why Exclude Them from The Hague Jurisdiction and Judgments Convention ?," Global Jurist Advances: Vol. 4 : Iss. 2, Article 2.
Available at: http://www.bepress.com/gj/advances/vol4/iss2/art2