Ordre-public-Kontrolle internationaler Gerichtsstandsvereinbarungen im autonomen Zuständigkeitsrecht

Matthias Weller focuses on a crucial issue of the validity of international choice-of-forum agreements which is known in the United States as »in tandem argument«. German courts have also availed themselves of such arguments in order to defend public policies of the lex fori against choice-of-law and choice-of-forum agreements operating in tandem. The author demonstrates that such an argument has to be defined as a public policy test (»Ordre-public-Kontrolle«) of choice-of-court agreements under German Law. Weller's thesis gives a comparative view of United States case law and applies its concept to international commercial agency agreements against the backdrop of the decision of the European Court of Justice in the Ingmar case. He also deals with the work in progress at the Hague Conference of Private International Law on a Convention on Exclusive Choice-of-Court Agreements.