Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

Abstract

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast, such determinations comprise a mélange of place-based factors and complex evaluations as to what seems reasonable in the concrete case.

Keywords: Jurisdiction, Conflict of laws, Comparative law.