ДЕЈСТВО ПРОРОГАЦИОНИХ СПОРАЗУМА У ЕВРОПСКОМ, ЕНГЛЕСКОМ И СРПСКОМ ПРАВУ
EFFECTS OF PROROGATION AGREEMENTS IN EUROPEAN, ENGLISH AND SERBIAN LAW

Summary/Abstract: Foreign persons concluding agreements with domestic persons may agree that courts of a certain state shall have jurisdiction to settle disputes arising out of or in relation to their agreements. Most of the foreigners doing business in Serbia come from a European Union country and the chosen courts are either courts of an EU country or Serbian courts. Such choice of court (prorogation) agreements may have certain effects under both the European and Serbian law. The purpose of this article is to examine the effect given to these agreements under these two legal regimes. However, not all such prorogation agreements are regulated by the European legislation, namely Brussels I Regulation, and national laws remain applicable in those cases. Therefore, solutions of the English law, as a typical representative of the common law approach, shall be compared with those of the European and Serbian law, reflecting the civil law approach.

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