THE PARTIES - OF WHOM AT LEAST ONE MUST HAVE HIS DOMICILE IN THE TERRITORY OF A CONTRACTING STATE - AS HAVING JURISDICTION TO SETTLE ANY DISPUTES WHICH HAVE ARISEN OR MAY ARISE IN CONNEXION WITH A PARTICULAR LEGAL RELATIONSHIP SHALL HAVE EXCLUSIVE JURISDICTION , PROVIDED THAT IT HAS BEEN SPECIFIED BY AN AGREEMENT IN WRITING OR AN ORAL AGREEMENT EVIDENCED IN WRITING .
3 IT IS APPROPRIATE TO POINT OUT THAT ARTICLE 5 ( 1 ), WHICH OCCURS IN SECTION 2 OF TITLE II OF THE CONVENTION INTITLED ' ' SPECIAL JURISDICTION ' ' , CREATES A GROUND OF JURISDICTION WHICH IS AN EXCEPTION TO THE GENERAL RULE OF JURISDICTION PROVIDED FOR IN ARTICLE 2 OF THE CONVENTION ; THE PROVISIONS OF ARTICLE 5 , WHICH PROVIDE THAT IN MATTERS RELATING TO A CONTRACT A DEFENDANT DOMICILED IN A CONTRACTING STATE MAY BE SUED IN THE COURTS FOR THE PLACE OF PERFORMANCE OF THE OBLIGATION IN QUESTION , INTRODUCE A CRITERION FOR JURISDICTION , THE SELECTION OF WHICH IS AT THE OPTION OF THE PLAINTIFF AND WHICH IS JUSTIFIED BY THE EXISTENCE OF A DIRECT LINK BETWEEN THE DISPUTE AND THE COURT CALLED UPON TO TAKE COGNIZANCE OF IT .
4 BY CONTRAST , ARTICLE 17 , WHICH OCCURS IN SECTION 6 OF THE CONVENTION INTITLED ' ' PROROGATION OF JURISDICTION ' ' AND WHICH PROVIDES FOR THE EXCLUSIVE JURISDICTION OF THE COURT DESIGNATED BY THE PARTIES IN ACCORDANCE WITH THE PRESCRIBED FORM , PUTS ASIDE BOTH THE RULE OF GENERAL JURISDICTION - PROVIDED FOR IN ARTICLE 2 - AND THE RULES OF SPECIAL JURISDICTION - PROVIDED FOR IN ARTICLE 5 - AND DISPENSES WITH ANY OBJECTIVE CONNEXION BETWEEN THE LEGAL RELATIONSHIP IN DISPUTE AND THE COURT DESIGNATED . IT THUS APPEARS THAT THE JURISDICTION OF THE COURT FOR THE PLACE OF PERFORMANCE ( PROVIDED FOR IN ARTICLE 5 ( 1 )) AND THAT OF THE SELECTED COURT ( PROVIDED FOR IN ARTICLE 17 ) ARE TWO DISTINCT CONCEPTS AND ONLY AGREEMENTS SELECTING A COURT ARE SUBJECT TO THE REQUIREMENTS OF FORM PRESCRIBED BY ARTICLE 17 OF THE CONVENTION .
5 CONSEQUENTLY , IF THE PARTIES TO THE CONTRACT ARE PERMITTED BY THE LAW APPLICABLE TO THE CONTRACT , SUBJECT TO ANY CONDITIONS IMPOSED BY THAT LAW , TO SPECIFY THE PLACE OF PERFORMANCE OF AN OBLIGATION WITHOUT SATISFYING ANY SPECIAL CONDITION OF FORM , AN AGREEMENT ON THE PLACE OF PERFORMANCE OF THE OBLIGATION IS SUFFICIENT TO FOUND JURISDICTION IN THAT PLACE WITHIN THE MEANING OF ARTICLE 5 ( 1 ) OF THE CONVENTION .
6 THE ANSWER TO THE QUESTION PUT BY THE BUNDESGERICHTSHOF MUST THEREFORE BE THAT IF THE PLACE OF PERFORMANCE OF A CONTRACTUAL OBLIGATION HAS BEEN SPECIFIED BY THE PARTIES IN A CLAUSE WHICH IS VALID ACCORDING TO THE NATIONAL LAW APPLICABLE TO THE CONTRACT , THE COURT FOR THAT PLACE HAS JURISDICTION TO TAKE COGNIZANCE OF DISPUTES RELATING TO THAT OBLIGATION UNDER ARTICLE 5 ( 1 ) OF THE CONVENTION OF BRUSSELS OF