Critically evaluate the extent to which the english courts may award damages for breach of a jurisdiction agreement
Following Zoller, Akar and Donohue there has been much debate about the possibility of claiming damages for breach of a JA under the common law system. The debate has also been extended to the question of whether a claim on damages may be an alternative under the framework of Brussels Regulations I, particularly in the present context where the European Court of Justice has expressly precluded the use of traditional common law tools to enforce JAs.
In this essay I intent to identify, from the existing common law cases, what conditions are required to ground a claim on damages for breach of a JA and if such claim would be compatible with the Brussels Regulation I. For this purpose I will also consider the work of different authors in the subject.
However Briggs’ work will be central to my study as it is one of the most complete works on damages for breach of JAs. I will also briefly examine if the reforms introduced by the Re-Cast EC1215/2012 change the conclusion reached in respect of the current Brussels Regulation I.
Fuente:
Biblioteca Virtual Banco de la República
Formatos de contenido:
Tesis