The application of section 6 to the present case renders the arbitration agreement non-applicable and, therefore, the Court`s decision on the ratification of the arbitration award is contrary to the law. Law 218/1995 determines whether parties to foreign law treaties and foreign jurisdiction are required to respect Italian law and Italian jurisdictional rules, regardless of other legal and jurisdictional decisions they have taken. Under Article 57 of the Act, the Rome Convention applies to the determination of contract law in the event of conflict. Article 3, paragraph 3 of the convention stipulates that, as far as jurisdiction is concerned, the general rule is that a party must be sued in its local court (for a corporation, i.e. if the company has its main place of administration or activity). However, exceptions to the general rule mean that you can also sue your representative or captain in the courts of the country where the agency agreement was or should have been executed. He held that the right chosen by the parties to a trade agency agreement, even if it is a correct transposition of the directive, can be violated in favour of the law of the for, since the legal order of that Member State provides that the provisions relating to the situation of independent trade agents are mandatory. However, in order for this solution to be applied, the legislator of the Forum law member state must have considered it essential to grant trade agents protection that goes beyond the protection provided by the directive. It is apparent from the two previous articles that the legislator considered that the jurisdiction of the united Arab Emirates courts to resolve disputes arising from the enforcement of agreements between the trade agencies between the representative and the principle and the occupation of another agreement for the courts of the United Arab Emirates.

These include the conciliation agreement between the parties as long as the trade agency agreement is registered with the Trade Agency. The Supreme Court of Belgium, which had heard the case, decided to unematique the proceedings and referred a preliminary question to the Court of Justice. The issue is not jurisdiction[3], but the law applicable to litigation. The Belgian Supreme Court referred (i) to the so-called directive on commercial agents, which obliges Member States to take the necessary measures to ensure that the commercial agent is compensated or compensated after the termination of the agency contract[4] and (ii) the Rome Convention[5], which provides that the parties can freely choose the law applicable to their contractual relationship,[6] but it is also stipulated that the mandatory rules of Member States` law remain applicable. Even if this decision is in accordance with the Rome Convention, if it may result in a lack of legal certainty for the parties to an agreement on trade agencies – and indeed for any type of contract – because they may have to apply a different law from the one they had originally chosen. Italian courts are increasingly required to examine disputes under agency agreements between an investor from a third country and an Italian agent operating on Italian territory.