Denmark and Norway Sample Clauses

Denmark and Norway. Identification of the state having jurisdiction is important to find out what rules govern the dispute and the contract, but also if there is no dispute, to find put what court would have jurisdiction in the case of dispute, for so to apply the private international law of that court’s state to identify the law governing the contract. The forum is the court of the state that accepts jurisdiction on the case. The jurisdiction is regulated by the civil procedure law (In the example of Denmark -Retsplejeloven and Norway -Tvistemålsloven) and conventions of each state. As a general rule, a court will have jurisdiction if the defendant is resident in that state, but there might be alternative fora, and therefore more than one potential forum, and more potential conflict rules41. In order to prevent this detrimental result, Denmark and Norway have ratified the Lugano Convention of 1998. The Lugano Convention is based on the Brussels Convention of 1968, which is now transformed into a Council Regulation and is now directly applicable in most of the states of the European Community. Norway has ratified the Council Regulation, but 41 Xxxxxxxxx, Xxxxxx. International Privatret. Second edition. Copenhagen, 1997, p. 23 in Denmark the Regulation is not applicable, as a consequence of Denmark’s reservations in connection with the Amsterdam Treaty of 1997. To summarise very briefly the rules of the Lugano Convention in respect of the forum for disputes relating to international contracts, we will have to look at art. 2, which is the general rule there will provide for jurisdiction of the courts in the state where the defendant is resident. Art. 5.1 provides for an alternative forum, the courts of the state where the disputed obligation has been or should have been performed. Art. 17 permit the parties to choose the forum (and choice of forum in the contract is certainly the most preferable alternative to avoid uncertainties).

Denmark and Norway. Once identified the lex fori, it will be necessary to look at its private international law. The conflict rules therein will determine what state’s law governs the contract and the dispute. As mentioned above the main conflict rule generally is party autonomy. Failing a choice by the parties, the judge will apply the conflict rule set forth in his or her private international law.