Agency Agreement Jurisdiction

Exclusive jurisdiction is intended to prevent a party from bringing an action in a jurisdiction other than that mentioned in the jurisdiction clause. However, if it is a dispute. B with your Italian representative or captain, it is advisable to initiate proceedings as soon as possible, even if you have in your contract an explicit clause which provides that the courts of England and Wales are exclusively competent. If you do not do so, it is possible that your opponent may first take legal action in the Italian courts. If your opponent is suing in Italy before proceeding in the English courts, the English courts will have to suspend the proceedings before them until the Italian courts have declared that they are not competent. This adds another level of legal fees and uncertainty that can be avoided by getting started first. The Supreme Court of Belgium, which had heard the case, decided to unematique the proceedings and referred a preliminary question to the Court of Justice. The issue is not jurisdiction[3], but the law applicable to litigation. The Supreme Court of Belgium referred (i) to the so-called Commercial Agents Directive, which requires Member States to take the necessary steps to ensure that the commercial agent is compensated or compensated after the termination of the agency contract[4] and (ii) the Rome Convention[5], which provides that the parties can freely choose the right applicable to their contractual relationship[6] , but that the member states` mandatory provisions continue to apply. [3] The Court of Justice clarified that “the referring court has only submitted to the Court the question of the law applicable to the treaty and therefore considers that it has jurisdiction to rule on the dispute (…).

The Court therefore intends to answer the preliminary question without prejudice to the question of jurisdiction. In accordance with Article 4, paragraph 2, the parties may agree to depart from these rules and refer their disputes to a foreign jurisdiction, provided that such a decision is made in writing and that disputes within the jurisdiction of the foreign judge concern rights that can be amended and freely determined by the parties.