Brussels I—choice of court agreements (art 23) [Archived]
Brussels I—choice of court agreements (art 23) [Archived]

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Brussels I—choice of court agreements (art 23) [Archived]
  • What is a choice of court agreement?
  • Derogation from the general rule
  • Validity of an art 23 agreement
  • Situations when art 23 does not apply
  • Article 23 does not apply where an agreement provides for non EU court to have jurisdiction
  • Non EU parties with an EU jurisdiction agreement

ARCHIVED: This Practice Note has been archived and is not maintained.

Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

This Practice Note explains choice of court agreements as set out in Article 23 of Regulation (EC) 44/2001, Brussels I. It looks at the requirements to ensure an effective agreement as well as when the article does not apply. The Practice Note also covers the hearing, the standard of proof required and whether a court has exclusive or non exclusive jurisdiction. The effect on non—EU parties is also considered.

Since 10 January 2015, Regulation (EC) 44/2001, Brussels I has been repealed in its entirety and replaced by Regulation (EU) 1215/2012, Brussels I (recast). Transitional arrangements mean that Brussels I provisions may apply to the matter you are dealing with, see Practice Note: Brussels I (recast)—application and exclusions.

For information on types of jurisdiction clauses, see Practice Note: Jurisdiction agreements—introduction.

What is a choice of court agreement?

Article 23 of Regulation (EC) 44/2001, Brussels I makes provision for parties to agree which court or courts will have jurisdiction to settle any dispute that arises between the parties. Such agreement will be taken to provide exclusive jurisdiction