Brussels I (recast)—requirements for an effective choice of court agreement (art 25)
Brussels I (recast)—requirements for an effective choice of court agreement (art 25)

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

  • Brussels I (recast)—requirements for an effective choice of court agreement (art 25)
  • The two requirements
  • Determining consensus
  • Consensus—determining whether there has been consensus
  • Consensus—do the parties have to be domiciled in an EU Member State?
  • Consensus—examples of consensus
  • Requirement 2—form of the agreement
  • Form—must the agreement expressly specify a court?
  • Form—are asymmetric choice of court agreements permitted?
  • The hearing and standard of proof

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 considers Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) and the requirements which need to be met to show the court that there is an effective choice of court agreement between the parties. It provides background information as to the position already adopted by the European Court on such agreements and what changes have been brought into place under Regulation (EU) 1215/2012, Brussels I (recast) and what that might mean in practice.

For general information in relation to choice of court agreements, see Practice Note: Brussels I (recast)—choice of court agreements (art 25).

For guidance on the various other jurisdictional regimes which consider jurisdiction agreements, see Practice Notes:

  1. Jurisdiction agreements—introduction

  2. Hague Convention on Choice of Court Agreements—scope

  3. Hague Convention on Choice of Court Agreements—jurisdiction

  4. Jurisdiction agreements—approach of the courts of England and Wales

The two requirements

For the agreement to be effective, it needs to comply with the following requirements set out in Article 25 of Regulation (EU) 1215/2012, Brussels I (recast):

  1. there must be consensus between the parties as to the court or courts to have jurisdiction to settle the disputes between