Forum-Selection Clauses for Investment Fraud Claims under the E.U.'s Brussels-I Regulation
The KapMuG also introduced a locally and internationally exclusive place of jurisdiction for information-related lump-sum investor actions in § 32b ZPO. In practice, the exclusivity claim of German jurisdiction is regularly thwarted by the primacy of the Brussels I Regulation - with the consequence of considerable legal uncertainty to the detriment of all parties involved. The article discusses the reason and limits of the possibility, under EU law, of creating legal certainty by including appropriate jurisdiction clauses in the AG Articles of Association or the KG Articles of Association of issuers and providers.
Forum-Selection Clauses for Investment Fraud Claims under the E.U.'s Brussels-I Regulation,
Available at: https://scholarship.law.tamu.edu/facscholar/1160