Commentary

36 Prorogation of jurisdiction — Article 23

BANKING vol 4(1)
| Commentary

36 Prorogation of jurisdiction — Article 23

| Commentary

36 Prorogation of jurisdiction — Article 23

Prorogation of jurisdiction (the selection of a particular jurisdiction by agreement) is governed by Article 23 of the Brussels I Regulation. This Article applies where at least one party is domiciled in a member state and there is an agreement, in writing or evidenced in writing or in a form which accords with trade usage or an established practice, which allocates jurisdiction to the courts of one member state. In this circumstance, the chosen courts have ‘exclusive’ jurisdiction unless the parties have agreed to non-exclusive jurisdiction1. However, a defendant waives exclusivity

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