Forum Choice Clause Requirements in European Licensing Disputes
- they must fulfil certain formal requirements2;
- they must grant jurisdiction to the court(s) of a Member State;
- at least one of the parties to the contract has to be domiciled in a Member State;
- the object of the contract cannot be one for which exclusive competences are established3.
The forum-choice clause must have been agreed: a) in writing (or by electronic means which provides a durable record); (b) in accordance with the regular practices established between the parties; or (c) in a form with is widely use in that field of international trade and the parties are ought to have been aware of.