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CHOICE OF COURT AGREEMENTS.

SOURCES

Case A
A company domiciled in Malta and a company domiciled in Iceland conclude a
commercial contract which includes a jurisdiction clause conferring exclusive
jurisdiction to the courts of Malta. A dispute arises between the parties and the
company from Iceland files a claim in the courts of Malta for breach of contract. Identify
according to which source of PIL shall the Maltese courts determine their jurisdiction.

Case B
Two companies domiciled in Mexico, one in Monterrey and the other in D.F., conclude
a commercial contract of sale of goods. According to the terms of the contract, the
goods have to be delivered at the port of Bilbao (Spain) and, in case any dispute
should arise between the parties, they submit to the exclusive jurisdiction of the courts
of Bilbao. Identify according to which source of PIL should - in the event a dispute
arose between the parties- the chosen courts determine their jurisdiction.

Case C
A Moroccan company and a Tunisian company enter into a commercial contract which
includes a choice of court agreement in favour of the courts of Zurich (Switzerland).
Identify according to which source of PIL should - in the event a dispute arose between
the parties- the chosen courts determine their jurisdiction.

Case D
A company domiciled in Bristol (the seller) and a company domiciled in Glasgow (the
buyer) conclude a sale of goods contract. According to the terms of the contract, the
goods have to be delivered at the port of Belfast and, in case any dispute should arise
between the parties, they submit to the exclusive jurisdiction of the courts of Dublin
(Ireland). The seller does not deliver the goods and the buyer files a claim in the
chosen courts. Identify according to which source of PIL shall the Dublin courts
determine their jurisdiction.

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