Choice of forum and battle of forms in international agreements; better beware!
In Bedrijfsjuridische berichten (Bb) 2018, no. 20, Marcel Ruygvoorn wrote the article
"Choice of forum and battle of forums in international agreements; better beware!"
General terms and conditions are often used, also for cross-border agreements. These usually always include choice of forum clauses. In 2016, the Court of Justice ruled that these clauses can only be invoked under special circumstances. The situation becomes even more complex when, in addition to inclusion of a choice of forum clause in general terms and conditions, there also is a battle of forms in international relationships.
You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.