• Abstract

    Justifications for Party Autonomy in the Context of Jurisdiction Agreements

    Dr. Brooke Adele Marshall
    University of New South Wales
    Australia

    Thursday, 12 September – 4:00 pm
    Room W 201, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

    This paper is concerned with normative reasons for respecting jurisdictional party autonomy. Justifications for the enforcement of exclusive jurisdiction agreements have not been comprehensively explored in the literature, which is surprising given their wide acceptance. Jurisdiction agreements overall have received significantly less theoretical attention than choice-of-law clauses.

  • Abstract

    Choice of Law in Intellectual Property Infringement Disputes

    Dr. Ekin Omeroglu
    Kadir Has University Istanbul
    Turkey

    Saturday, 14 September – 11:00 am
    Room W 401, Faculty of Law – Professor-Huber-Platz 2, 80539 Munich

    Party autonomy principle represents one of the fundamental pillars of private law. In private international law, which deals with legal relationships beyond national borders, the principle of party autonomy is given effect by choice of law rules. Choice of law has been widely recognized in respect of contractual obligations for a long time. However, party autonomy in intellectual property infringement disputes has been an unvalued issue and choice of law by parties was simply considered as non-existent.