Ch. 12: jurisdiction & arbitration

Question 1

What is arbitration?

Answer 1

The solution of a legal problem outside of a court.

Question 2

What is jurisdiction?

Answer 2

The power/competency of a court of law to give judgement in a case

Question 3

What’s a plaintiff or claimant?

Answer 3

The party that starts legal proceedings

Question 4

What is a defendant?

Answer 4

The party being sued

Question 5

What topics fall under private law?

Answer 5

1. Legal relationships between natural persons or companies

2. B2B, B2C, C2C

Question 6

What is private law?

Answer 6

Field of law that deals with legal relationships between natural persons or companies and the State.

Question 7

What 3 questions do you need to ask when concluding an international contract

Answer 7

1. Which court of law has jurisdiction?
2. Is it possible to execute a court judgement in another country?
3. What law applies to the contract?

Question 8

Which court has jurisdiction according to Brussels I recast?

Answer 8

1. The court where the defendant is domiciled (Art. 4-1)
2. The court in the country of performance of obligations (Art. 7-1a)
3. Choice of parties in contract. (Art. 25)
4. Place where harmful event occurred (Art. 7-2)

Question 9

In what cases is the choice of law limited or not possible?

Answer 9

1. Jurisdiction relating to insurance contracts (Art. 10-16)
2. Jurisdiction relating to consumer contracts (Art. 17-19)
3. Jurisdiction over employment contracts (Art. 20-23)
4. Exclusive jurisdiction