Commentary

37 Interpretation of Article 23

BANKING vol 4(1)
| Commentary

37 Interpretation of Article 23

| Commentary

37 Interpretation of Article 23

In the case of a contract one or more of the parties to which is domiciled in a member state, the following propositions may be stated:

  1. 37.1

        The parties may stipulate in their contract that the courts of one or more member states, including all member states, shall have exclusive1 or non-exclusive jurisdiction2.

  2. 37.2

        The parties may agree that the courts of a non-member state shall have exclusive or non-exclusive jurisdiction: the question whether to recognise such an agreement would be a matter for the private international law of each member

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