The determination of jurisdiction in grid and cloud service level agreements

Abstract

Service Level Agreements in Grid and Cloud scenarios can be a source of disputes particularly in case of breach of the obligations arising under them. It is then important to determine where parties can litigate in relation with such agreements. The paper deals with this question in the peculiar context of the European Union, and so taking into consideration Regulation 44/2001. According to the rules on jurisdiction provided by the Regulation, two general distinctions are drawn in order to determine which (European) courts are competent to adjudicate disputes arising out of a Service Level Agreement. The former is between B2B and B2C transactions, and the latter regards contracts which provide a jurisdiction clause and contracts which do not. © 2009 Springer Berlin Heidelberg.