Determining the Place of Performance Under Article 7(1) of the Brussels I Recast
Bibliographic Data
| ID | 9934126 |
|---|---|
| Authors | Arthur Poon (University of Hong Kong, corresponding author) |
| Year | 2021 |
| Volume | 70 |
| Issue | 3 |
| Pages | 635-663 |
| Publication date | 2021-07-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589321000130 |
| OpenAlex | W3159151196 |
| Language | EN |
| Citations received | 2 |
| References cited | 4 |
This article calls for a reassessment of the methodology in determining the place of contractual performance under Article 7(1) of the Brussels I Regulation Recast. The first part of the article deals with Article 7(1)(a). It argues that in light of the adoption of autonomous linking factors under Article 7(1)(b), more types of contracts presently not covered within the ambits of Article 7(1)(b) should centralise jurisdiction at the places of performance of their characteristic obligations. The second part of the article considers the way Article 7(1) operates when there are multiple places of performance under the contract. The test devised by the Court of Justice of the European Union in this regard is not only difficult to apply, but the application of the test also often does not guarantee a close connection between the claim and the court taking jurisdiction. This article argues that when a claim is made in respect of a contractual obligation to be performed in more than one Member State, Article 4 should be applied instead of Article 7(1)
Business · Connection (principal bundle · Economic Justice · European court of justice · European union · European Union law · International trade · Jurisdiction · Law and economics · Member state · Member states · Obligation · Political science · Sociology · State (computer science · Test (biology · Computer Science · Conflict of Laws and Jurisdiction · Corporate Governance and Law · Engineering · European and International Contract Law · Law
| Citations per year | 0.4 |
|---|---|
| Citation span | 2021 - 2025 (5) |
| Highly cited | No |