Choice of court and choice of law on the web – Due diligence required. Brussels Court of Appeal in A v P.

gavc law - geert van calster

The Brussels Court of Appeal held in A v P on 25 March 2013, on a choice of court agreement included on the internet. Its judgment should be a reminder of the need to take care of the design and formulation of choice of court clauses in standard terms and conditions via the internet. The judgment can be consulted via this issue of  Tijdschrift@IPR.be (p.37 ff).

The CA first of all correctly holds that the alleged non-existence of a contract does not affect its duty to review whether the choice of court agreement which is part of the contract, might be valid.

Company P has its registered seat in Poland. Company A in Belgium. P had sent A a quote for delivery of a substantial amount of solar panels. The judgment does not specify how the offer was sent however it was subsequently countersigned by A. Subsequent e-mails specified that…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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