EU Private International Law

EU Private International Law

Harmonization of Laws

Elgar European Law series

Peter Stone

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Chapter 7: Submission

Peter Stone

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


INTRODUCTION Section 7 (Articles 23–24) of Chapter II of the Brussels I Regulation provides for jurisdiction based on submission (or prorogation) by the parties involved. Article 23 deals with submission by agreement,1 and Article 24 with submission by appearance. Articles 23 and 24 derogate from the ordinary rules on jurisdiction laid down by Articles 2–7. But agreements on jurisdiction in respect of insurance, consumer or employment contracts are subject to restrictions imposed by Articles 13–14, 17 and 21, and submission (whether by agreement or appearance) is excluded in respect of matters for which Article 22 imposes exclusive jurisdiction by virtue of subject-matter. Like the other provisions of Chapter II, Articles 23 and 24 give way to conflicting provisions of existing specialized conventions in accordance with Article 71.2 SUBMISSION BY AGREEMENT Introduction Article 23 of the Brussels I Regulation authorizes parties to existing or potential disputes to enter into agreements designating the court or courts which will be competent to determine such disputes.3 Such agreements are generally 1 A Convention on Choice of Court Agreements was adopted at the Hague Conference on Private International Law on 30th June 2005. It has not yet entered into force. 2 See The Bergen [1997] 1 Lloyd’s Rep 380, where Clarke J held that Article 23 conflicts with and thus gives way to Article 7 of the Convention of 10th May 1952 on the Arrest of Seagoing Ships, which enables jurisdiction to be founded on the arrest of a vessel. 3...

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