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)
  • Derogation from the general rule
  • Choice of court agreements under Article 25 Brussels I (recast)
  • 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
  • Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) may apply where the agreement provides for a non-EU court to have jurisdiction
  • More...

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction. These include implications for the application of Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) to proceedings involving the UK. For guidance, see: Impact of UK becoming a third state—application of Article 25 below.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

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

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