[Hague-jur-commercial-law] All aboard? (Tech daily story)

[Manon Ress]

*Try to read William New Roundup in Techdaily on tough week for the 
Internet (ICANN part is almost funny considering ICANN itself).  But 
here 's a few lines on the Hague (not so funny)...

http://nationaljournal.com/pubs/techdaily/features/intl/internat040310.htm
International Roundup: March 10, 2004*
*All Aboard The Internet Governance Express*
by William New <mailto:wnew@nationaljournal.com>

SNIP One such body is the Hague Conference on Private International Law <http://www.hcch.net/e/>,
which is guiding countries through talks for a convention on the
jurisdiction for and enforcement of judgments in business-to-business
contract disputes. After years of fits and starts, a dramatic narrowing
of the draft treaty has spurred new progress and optimism. But talks
now seem to be focused on the exceptions to the treaty.

     In the last few days, some U.S. groups with an interest in the
outcome met with U.S. negotiators to exchange views. One escape clause
under debate would let a party out of a contract if "for exceptional
reasons the agreement cannot reasonably be performed." According to a
U.S. official, the European Union is concerned that the language is too
broad, so a rewrite is being considered that would cite "unforeseen
circumstances."

     Another exception under discussion involves whether the enforcing
court could reduce damages awarded by a court within the country that
has jurisdiction over a dispute if the damages are found to be "grossly
excessive." The United States appears to be alone among nations in
opposing that Canadian proposal, which also is opposed by business
groups.

     "It seems unhelpful for one party to be able to reduce the
damages," a U.S. official said. It would weaken a contract if included,
he said, adding that the clause is a leftover from earlier versions of
the treaty that included consumers and that damages normally correspond
to pain and suffering.





-- 
Manon Anne Ress
Consumer Project on Technology
www.cptech.org
PO Box 19367, Washington, DC 20036
manon.ress@cptech.org, voice: 1.202.387.8030, fax: 1.202.234.5176