ellie0497
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Hello everyone,
I need help with this scenario question:
The Italian sea-cruise company Mare Nostrum SpA, with its statutory seat in La Spezia, Italy, intends to purchase a newly built cruise-liner from the Dutch shipyard Luctor et Emergo BV, with its statutory seat and offices in Vlissingen, the Netherlands. Luctor et Emergo BV will build this ship in its production premises in the harbour of Antwerp, Belgium. Delivery of the ship will take place on those premises in Belgium. Negotations about the contract are ongoing and the board of directors of Mare Nostrum SpA seeks advice on specific issues of procedural law. You are asked to deliver a brief memorandum of no more than 2,000 words regarding the following issues.

A. Luctor et Emergo BV is pressing to include a dispute resolution clause in the agreement. The board of directors of Mare Nostrum SpA wants a brief description (no draft clauses) about the possibilities for such a dispute resolution clause. Futhermore, it wants to know – should there be no dispute resolution clause – which court (Dutch, Belgian or Italian) has jurisdiction in case Mare Nostrum SpA has to start litigation because the ship is not built in accordance with the specifications in the building contract.

B. The managing director of Mare Nostrum SpA would prefer the jurisdiction of its ‘own’ Court in La Spezia, Italy (Il Tribunale di primo grade), due to the fact that his brother in law is the President of that Court. However, he is aware of the prescription of Article 6, paragraph 1 of the European Convention on Human Rights, namely that a tribunal should be independent and impartial. De board of directors would like a brief elaboration on these two topics and an answer to the question whether or not they could constitute a problem when the choice for the La Spezia Court would be made.

C. Trying to cover all possible events, another question about jurisdiction has come up. Suppose that during the festivities of the delivery of the ship in the Antwerp harbour one of the employees of Mare Nostrum SpA causes (due to gross negligence) serious injury to one of the Belgian domiciled employees of Lector et Emergo BV and this employee starts civil litigation against Mare Nostrum. Which court has jurisdiction in that case: the Italian court and/or another one?
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Notoriety
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You're supposed to share your own thoughts -- what you've worked out so far and what you suspect is the solution. People don't like doing the work for you.

And this should be in law study help.
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ellie0497
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(Original post by Notoriety)
You're supposed to share your own thoughts -- what you've worked out so far and what you suspect is the solution. People don't like doing the work for you.

And this should be in law study help.
I've done some work for it already I just need guidance to see whether what I have is correct.
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