- Asymmetric jurisdiction clauses and Brussels I (recast) (Commerzbank v Liquimar Tankers)
- Original news
- What are the practical implications of this case?
- What was this case about?
- What were the facts?
- What is an asymmetric jurisdiction clause?
- Can asymmetric jurisdiction clauses be characterised as exclusive jurisdiction clauses?
- Parties submissions
- Judge's findings
- What was the remit of Brussels I (recast), art 31(2)
- Are asymmetric clauses compatible with Brussels I (recast), art 25?
- Service out and case management
- Previous English authorities and civil jurisprudence
- English authorities
- Civil jurisprudence
- Case details
Dispute Resolution analysis: Cranston J considers whether asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of Regulation (EU) 1215/2012 (Brussels I (recast)), and in particular the provisions in article 31(2) which was introduced to stop so called ‘torpedo actions’.
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