Brussels I (recast)—choice of court agreements (art 25)
Brussels I (recast)—choice of court agreements (art 25)

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

  • Brussels I (recast)—choice of court agreements (art 25)
  • Impact of UK’s departure from the EU
  • Derogation from the general rule
  • Choice of court agreements under Article 25 Brussels I (recast)
  • Doctrine of separability—independence of choice of court agreement
  • Situations when art 25 does not apply
  • The type of dispute falls within art 24
  • The agreement is contrary to other provisions in Brussels I (recast) (arts 15, 19, and 23)
  • A defendant has submitted to the jurisdiction (art 26)
  • Contract chains
  • More...

This Practice Note explains choice of court agreements, as set out in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast). It covers a range of issues such as derogation, when Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) does not apply, whether hybrid agreements are covered, the effect on non-EU parties and the requirements for a valid choice of court agreement. It also covers the hearing and the standard of proof required. This Practice Note includes discussion of the application of Article 25 to the UK as a non-EU Member State (or a third state as they are often known) following its departure from the EU (subject to the application of transitional provisions in the Withdrawal Agreement). For general guidance on the application of this article to third states, as well as the other provisions of the regulation that are relevant to third states, namely Articles 18(1), 21(2), 24, 26, 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Brussels I (recast)—application to third states.

Note there are provisions for trust instruments within Article 25 of Regulation (EU) 1215/2012, Brussels I (recast), but they are outside the remit of this Practice Note.

For assistance in understanding the provisions in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast), you may wish to compare the provisions to those in Article 23

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