ABSTRACT
The paper addresses the essential questions of agreements on questions of procedure, ie their classification as procedural or substantive and their admissibility under the applicable law of civil procedure. Procedural agreements touch upon the public interest, challenge the self-conception of public courts and raise concerns with a view to the protection of weaker parties. The paper further outlines the contract law of procedural agreements as well as their enforcement, both, in-process and with the help of separate claims for specific enforcement as well as damages. It also covers the treatment of procedural agreements in private international law. As a final step, the practical relevance of procedure by contract is explored.
Wagner, Gerhard, Procedural Agreements: A Normative Framework (March 31, 2026).
Leave a Reply