[Hague-jur-commercial-law] IP&The Hague quick notes about yesterday

[Michael Sondow]

Manon wrote:

>Firm B forges a new 
>contract with choice of court let's say in Seoul.  B brings dispute to 
>Seoul court.  Judgment of Seoul court would be enforceable under the 
>Hague?  I would assume that if the contract is not valid, the choice of 
>court cannot be valid either.

That would seem the logical conclusion. However, these days the logical is no longer necesarily valid, it seems. Take a look at this section from the procedural rules of the Int?l Chamber of Commerce?s Arbitration Court:

"Unless otherwise agreed, the Arbitral Tribunal shall not cease to have jurisdiction by reason of any claim that the contract is null and void or allegation that it is non-existent, provided that the Arbitral Tribunal upholds the validity of the arbitration agreement. The Arbitral Tribunal shall continue to have jurisdiction to determine the respective rights of the parties and to adjudicate their claims and pleas even though the contract itself may be non-existent or null and void."

Translated, this rule says that even if the contract as a whole is invalid, the clause about obligatory arbitration is valid, and that the ICC court has jurisdiction if the invalid contract says so.

We?re living in the world behind Alice?s mirror.

Michael S.