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 practice note provides comprehensive and up to date legal information covering:

  • Brussels I (recast)—requirements for an effective choice of court agreement (art 25)
  • Impact of UK’s departure from the EU
  • The two requirements
  • Determining consensus
  • Consensus must be ‘clearly and precisely demonstrated’
  • Determining whether there has been consensus
  • What test will the court apply?
  • Can consensus be implied?
  • The jurisdiction clause is ‘in writing or evidence in writing’
  • In writing or evidenced in writing
  • More...

This Practice Note considers Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) and the requirements that need to be met to show the court 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.

Equivalent wording to Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) was found in its predecessors being Article 17 of the Brussels Convention and Article 23 of Regulation (EC) 44/2001, Brussels I. Cases referenced in this Practice Note include those decided under the convention and regulation as they are relevant to understanding the key principles under Article 25.

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 that contain provisions regarding 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

Impact of UK’s departure from the EU

Following exit day (ie 31 January 2020), the UK became a third state in respect of Regulation (EU) 1215/2012, Brussels I (recast).

As a result of

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