Κατεύθυνση Πολιτική Δικονομία
Library of the School of Law

2025-01-30

2025

Paltoglou Aristeides

Σ.Σ. Πανταζόπουλος, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Ι. Δεληκωστόπουλος, Αν. Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Μ. Μαρκουλάκης, Επ. Καθηγητής, Νομική Σχολή, ΕΚΠΑ

Η συμφωνία των διαδίκων για θεμελίωση δικαιοδοσίας αλλοδαπού δικαστηρίου.

Greek

The agreement between the parties to establish the jurisdiction of a foreign court

This thesis aims to summarize yet fully cover issues that arise in regards to agreements between parties to confer jurisdiction in their legal case to a foreign civil court or arbitration tribunal in accordance with national and international legislation, with an emphasis on cross-border cases; the prerequisites for the validity of such agreements; and their legal impact as viewed by theorists and case-law. The present thesis also includes important notes on current topics of interest to the legal community such as tort claims due to breaches of jurisdiction clauses, as well as the case of ambiguous and thus problematic clauses in agreements, that confer jurisdiction in favor of both civil and arbitral courts at the same time. Even though such clauses are mutually exclusive, in certain instances, either ostensibly or in reality, they appear to go hand-in-hand and, as a result, the need for one or the other to take precedence arises.
Chapter one sets out the basic definitions and fundamental principles of procedural agreements. The chapter two examines choice-of-court agreements according to the Greek Code of Civil Procedure. Chapter three is dedicated to the choice-of-court agreements in accordance with European Union law, while chapter four presents the same agreements under the Hague Convention of 30 June 2005 and similar treaties for regional unions. Chapter five examines the compensatory liability due to breach of such an agreement by one of the parties. Chapter six presents the jurisdiction agreements in the context of Hellenic national arbitration legislation (law 5015/2023) and the Convention of New York of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. Finally, chapter seven focuses on the issue of hybrid or problematic jurisdiction clauses that confer jurisdiction to civil and arbitral courts at the same time.

Law and Legislation

Civil Procedure

Choice-of-Court agreement, jurisdiction clauses, Hague Convention of 2005, procedural agreements, international jurisdiction, civil law

No

0

No

87

101

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https://pergamos.lib.uoa.gr/uoa/dl/object/3461515