YEAR 2024 No 2 Volume 34

ISSN 2182-9845

Material scope of choice of court agreements that are part of preliminary contracts concluded in the run-up to the future conclusion of other contract(s): do they bind the parties in future disputes arising from contracts they intend to conclude in the future?

João Paulo Remédio Marques


Prorrogation of jurisdiction; choice of court agreements; material scope of choice of court agreements; particular relationship; preliminary contracts; sales distribution contracts; international jurisdiction: Brusels I-A Regulation.


The formal and substantive validity of choice of court agreements, especially in the European Union, is subject to specific requirements. This study attempts to establish the material limits of these choice of court agreements and the particular legal relationship covered by them, mainly in situations where the choice of court agreement is part of a preliminary contract concluded in the run-up to the future conclusion of other contract(s) between the same parties, in particular commercial distribution contracts. Furthermore, if such choice of court agreements do not cover disputes arising from such future contractual relationship or are void for other reasons, we intend to assert direct international jurisdiction within the framework of the Brussels I-A Regulation.

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