The parties disputed which court should have jurisdiction to hear their contract dispute.
Held: There has been an ongoing difference in the interpretation of the Rome Convention as to the relative weight to be given to the place of business of the parties, and the place of performance of the contract. Should article 2 be displaced by article 5 where the place of performance differed from the normal place of business as allowed under article 5. The article 2 presumption should prevail unless the article 5 comparison which, unlike paragraph 2, might involve difficulty and uncertainty, demonstrated a clear balance in favour of another country.
Judges:
The Lord President (Lord Cullen), Lord Cameron of Lochbroom and Lord Marnoch
Citations:
Times 06-Sep-2002, [2001] ScotCS 56
Links:
Statutes:
Rome Convention applicable to the Law of Contractual Obligations 1980 2 4 5
Jurisdiction:
Scotland
Citing:
Cited – Credit Lyonnais v New Hampshire Insurance Company CA 12-Mar-1997
Whether two policies of insurance were governed by English or French law. . .
Cited – Definitely Maybe (Touring) Ltd v Marek Lieberberg Konzertagentur GmbH ComC 2001
The claimant supplied the services of the pop group Oasis to the defendant concert organisers for a concert in Germany. They sued for payment here, but the respondent said that proceedings should have been commenced in Germany.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction, Contract
Updated: 12 July 2022; Ref: scu.169078
