EU Private International Law
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EU Private International Law

Second Edition

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.
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Chapter 7: Submission

Peter Stone


INTRODUCTION Section 7 (Articles 23โ€“4) 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, and Article 24 with submission by appearance. Articles 23 and 24 derogate from the ordinary rules on jurisdiction laid down by Articles 2โ€“7. But agreements on jurisdiction in respect of insurance, consumer or employment contracts are subject to restrictions imposed by Articles 13โ€“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 specialised conventions in accordance with Article 71.1 As regards submission by agreement, Article 23 of the Brussels I Regulation will eventually be supplemented by a Convention on Choice of Court Agreements, which was adopted at the Hague Conference on Private International Law on 30th June 2005, and which may conveniently be referred to as the Hague Convention 2005. Pursuant to EC Council Decision 2009/397,2 the Convention was signed on behalf of the European Community on 1st April 2009, but a further Council decision on the acceptance or approval of the Convention will be necessary before the Convention becomes binding on and enters into force for the European Union. When the Convention has entered into force for the Union, the rules on direct jurisdiction specified by Chapter...

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