According to Arrêt Tessili, before fixing jurisdiction, the court must identify:

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Multiple Choice

According to Arrêt Tessili, before fixing jurisdiction, the court must identify:

Identifying the law applicable to the contract is the starting point in Arrêt Tessili. This lex causae determines which private international law rules apply to the case, including how jurisdiction should be allocated. Once you know which law governs the contract, you can apply the relevant jurisdiction rules consistently with that law; otherwise, you might misapply criteria like place of performance or domicile. The place of performance, the plaintiff’s domicile, or the contract’s language may matter later under the chosen law, but Tessili makes the first step identifying the governing contract law.

Identifying the law applicable to the contract is the starting point in Arrêt Tessili. This lex causae determines which private international law rules apply to the case, including how jurisdiction should be allocated. Once you know which law governs the contract, you can apply the relevant jurisdiction rules consistently with that law; otherwise, you might misapply criteria like place of performance or domicile. The place of performance, the plaintiff’s domicile, or the contract’s language may matter later under the chosen law, but Tessili makes the first step identifying the governing contract law.

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