Article 4: Choice of court, con’t

• An agreement within the meaning of paragraph 1 shall be valid as to form, if it was entered into –

• in writing or by any other means of communication which renders information accessible so as to be usable for subsequent reference;

• orally and confirmed in writing or by any other means of communication which renders information accessible so as to be usable for subsequent reference;

• in accordance with a usage which is regularly observed by the parties;

• in accordance with a usage of which the parties were or ought to have been aware and which is regularly observed by parties to contracts of the same nature in the particular trade or commerce concerned.

•  3. Where a defendant expressly accepts jurisdiction before a court of a Contracting State, and that acceptance is [in writing or evidenced in writing], that court shall have jurisdiction.

Notizen: