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Brussels I (recast) and ‘after the dispute has arisen’ (Yukos International UK BV and others v Merinson)

Brussels I (recast) and ‘after the dispute has arisen’ (Yukos International UK BV and others v Merinson)
Published on: 08 March 2018
Published by: LexisPSL
  • Brussels I (recast) and ‘after the dispute has arisen’ (Yukos International UK BV and others v Merinson)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Were the Damages Claims and/or the Annulment Claims ‘matters relating to [an] individual contract of employment’ within the meaning of Article 20(1) of Brussels I (recast)?
  • Was the Settlement Agreement ‘an agreement ... entered into after the dispute has arisen’ within the meaning of Article 23(1)?
  • In any event, was the English court precluded from entertaining the Annulment Claims by Chapter IV of Brussels I (recast)
  • Case details

Article summary

Dispute Resolution analysis: This recent case provides the first reported judicial interpretation of the phrase ‘after the dispute has arisen’ in Article 23 (1) of Regulation (EU) 1215/2012 (Brussels I (Recast)). This case has considerable implications for parties contemplating jurisdiction clauses (notably in settlement agreements) in employment contexts, and by extension, in insurance and consumer contracts. or take a trial to read the full analysis.

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