EU Private International Law

EU Private International Law

Third Edition

Elgar European Law series

Peter Stone

Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book’s reputation for comprehensive coverage and attention to detail, Peter Stone provides an authoritative and accessible introduction to the subject.

Chapter 7: Submission

Peter Stone

Subjects: law - academic, european law, private international law

Extract

Section 7 (Articles 25–26; ex Articles 23–24) of Chapter II of the Brussels I Regulation provides for jurisdiction based on submission (or prorogation) by the parties involved. Article 25 deals with submission by agreement, and Article 26 with submission by appearance. These provisions derogate from the ordinary rules on jurisdiction laid down by Articles 4–9 (ex Articles 2–7). But agreements on jurisdiction in respect of insurance, consumer or employment contracts are subject to restrictions imposed by Articles 15–16, 19 and 23 (ex Articles 13–14, 17 and 21), and submission (whether by agreement or appearance) is excluded in respect of matters for which Article 24 (ex Article 22) imposes exclusive jurisdiction by virtue of subject-matter. Like the other provisions of Chapter II, Articles 25 and 26 give way to conflicting provisions of existing specialised conventions in accordance with Article 71. Article 25 of the revised version of the Brussels I Regulation authorises parties to existing or potential disputes to enter into agreements designating the court or courts which will be competent to determine such disputes. Article 25 is a complex provision, which regulates both the formal and essential validity of jurisdiction clauses and their effects. In general it gives exclusive effect to a valid jurisdiction clause.

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