Questão jurídica principal
Whether the Geneva courts had jurisdiction based on a forum selection agreement under Art. 17 CL.
Decisão extraída
Yes. The 20 March 2006 Letter of Undertaking constituted written confirmation of an earlier verbal agreement prorogating jurisdiction to Geneva.
Fundamentação extraída
A confirmation in writing under Art. 17 CL may emanate from either party. The federal court accepted the cantonally found prior verbal agreement and held that the LOU was not a mere offer requiring acceptance, but a valid written confirmation.