Contribution by Paolo Lombardi to the book “The Hague Convention on choice of Court agreements of 2005 – Practical perspectives”, published by UIA-LexisNexis.
The purpose of this contribution is to explore, from a practical point of view, the scenario in which a party of a contract starts a procedure in the court designated in an exclusive choice of court agreement and the counterparty, for strategic reasons, decides to start a procedure having the same cause of action in a different court designated in another exclusive choice of court agreement.
Said analysis is conducted in order to compare the rules set out on this subject in the 2005 Hague Convention and in the Regulation (EU) 1215/2012.