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Statutes

"3148. In personal actions of a patrimonial nature, Québec authorities have jurisdiction in the following cases:
(1) the defendant has his domicile or his residence in Québec;
(2) the defendant is a legal person, is not domiciled in Québec but has an establishment in Québec, and the dispute relates to its activities in Québec;
(3) a fault was committed in Québec, injury was suffered in Québec, an injurious act or omission occurred in Québec or one of the obligations arising from a contract was to be performed in Québec;
(4) the parties have by agreement submitted to them the present or future disputes between themselves arising out of a specific legal relationship;
(5) the defendant has submitted to their jurisdiction.
However, Québec authorities have no jurisdiction where the parties have chosen by agreement to submit the present or future disputes between themselves relating to a specific legal relationship to a foreign authority or to an arbitrator, unless the defendant submits to the jurisdiction of the Québec authorities.
1991, c. 64, a. 3148; I.N. 2014-05-01; 2016, c. 4, s. 365."

Cases

Comments

Parties may stipulate that their agreement is to be governed by the laws of a foreign country. The provisions of the laws of the chosen forum will be applied unless their application would be manifestly inconsistent with public order as understood in international relations [article 3081]. If a foreign law is expressly designated, the chosen law will apply even though the disputed transaction is only remotely connected with that law and is much more closely connected to the laws of Quebec [article 3082].

Contributors

Me Dario Santillo
Gross, Pinsky

The statutory information was edited and reviewed with the support of MultiState

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