Cross-border consumer disputes - the Hague draft proposals
white zone jurisdiction for chosen forum except:
- forum clauses in consumer contracts ineffective against consumer
- certain exclusive jurisdiction provisions prevail
white zone jurisdiction in consumer’s habitual residence for:
- claims by the consumer (despite agreement to the contrary)
- claims against the consumer (despite agreement to the contrary)
- subject to certain conditions
black zone for plaintiff’s habitual residence in other cases
NB all consumer cases fall in the white zone - the question is which “approved” jurisdiction applies