Branch[and regular commercial activity]

• Article 9

  • A plaintiff may bring an action in the courts of a State in which a branch, agency or any other establishment of the defendant is situated, [or where the defendant has carried on rugular commercial activity by other means] provided that the dispute relates directly to the activity of that branch, agency or establishment [or to that regular commercial activity]

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Notes:

Let’s go on to the next topic.

Article 9 of the draft reads “A plaintiff may bring an action in the courts of a State in which a branch, agency or any other establishment of the defendant is situated, [or where the defendant has carried on regular commercial activity by other means] provided that the dispute relates directly to the activity of that branch, agency or establishment [or to that regular commercial activity]”

Although there seems to have a serious discussion in incorporating the phrase,[regular commercial activities], I think the point of this article is how to interpret whether“the dispute relates directly to the activity of that branch, agency or establishment or to that regular commercial activity”

I believe this sentence must allow a company to use the same type of disclaimer that I showed you before and to the extent that disclaimers can be accepted, I think the essence of the current draft will work out.