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

The following Dispute Resolution guidance 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)
  • Situations when art 25 does not apply
  • Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) may apply where the agreement provides for a non-EU court to have jurisdiction
  • Third parties to the choice of court agreement
  • Requirement for an international element

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 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. 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 of Regulation (EC) 44/2001, Brussels I. For this information, see Practice Notice: Choice of court agreements, the differences between Brussels I (recast) and Brussels I—checklist [Archived].

For guidance on the common law rules that the English courts will apply when considering a jurisdiction agreement that does not fall within Brussels I (recast) or any other formal jurisdiction regime, see