Reference : English Courts Address the Potential Convergence between the Doctrines of Piercing th...
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English Courts Address the Potential Convergence between the Doctrines of Piercing the Corporate Veil, Party Autonomy in Jurisdiction Agreements and Privity of Contract
Okoli, Chukwuma mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Journal of Business Law
Sweet & Maxwell
Yes (verified by ORBilu)
[en] English Company law and Contract law , Private International Law ; Corporate Viel, Jurisdiction Clauses, Privity of Contract ; Allocation of Jurisdiction
[en] Examines case law on whether the courts could pierce the corporate veil in order to enforce a contractual jurisdiction clause against the controller of a company pursuant to Regulation 44/2001 (Brussels I Regulation) art.23, despite this party not having been privy to the contract. Comments on two issues addressed in the jurisprudence: (1) the use of the agent-principal relationship as an analogy for the relationship between a company and its controller; and (2) the argument that the controller may be deemed to have consented to the jurisdiction agreement.
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