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

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect of the UK leaving the EU without a deal when dealing with matters of jurisdiction, 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