Incoterms and their role in the determination of jurisdiction and applicable law

This thesis examines the role of Incoterms in determining the place of delivery in international sales contracts and the resulting impact on the identification of jurisdiction and applicable law. The analysis focuses on the relationship between Incoterms and the connecting factors provided by Regulation (EU) No 1215/2012 (Brussels I bis), concerning jurisdiction, and Regulation (EC) No 593/2008 (Rome I), relating to the law applicable to contractual obligations. Under the Brussels I bis Regulation, the place of delivery constitutes the principal connecting factor for determining jurisdiction in contracts for the sale of goods, whereas under the Rome I Regulation it may indirectly contribute to the identification of the law most closely connected to the contract. In this context, the use of Incoterms raises significant legal issues, since instruments originally designed to regulate the logistical and commercial aspects of the contract have progressively acquired relevance beyond their original function, influencing the determination of jurisdiction and, indirectly, the applicable law. The thesis therefore aims to assess whether, to what extent and within which limits, Incoterms may be used as appropriate tools to identify the place of delivery relevant for determining jurisdiction and applicable law. From a methodological perspective, the research is based on an analysis of the main sources of European Union law, legal scholarship and case law, with particular attention to the jurisprudence of the Court of Justice of the European Union and to approaches developed at national and comparative levels. The analysis demonstrates that Incoterms play a decisive role in the determination of jurisdiction under the Brussels I bis Regulation when they clearly identify the place where the seller performs the delivery obligation, while their relevance under the Rome I Regulation remains indirect and subordinate within the broader assessment required by Article 4(3).