Research Handbook on the Brussels Ibis Regulation
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Research Handbook on the Brussels Ibis Regulation

Edited by Peter Mankowski

This timely Research Handbook addresses the cutting edges of the Brussels Ibis Regulation, in particular its place within the overall system of EU law and its adaptations in response to lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to this, analysing the most recent developments in legislation and practice and providing an outlook on the future of this field of EU law.
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Chapter 15: Overriding mandatory provisions and choice of court agreements

Matteo M. Winkler

Abstract

This chapter offers some arguments against the use of overriding mandatory provisions to invalidate otherwise valid choice of court agreements under the prorogation regime established in the Brussels Ibis Regulation. It presents these arguments from the angle of both the intentions of the EU legislators and the directions provided by the CJEU in past judgments. It concludes that the existing uncertainty about the precise relationship between choice of court agreements and overriding mandatory provisions negatively affects the proper functioning of the Brussels Ibis Regulation and its objectives such as predictability, certainty of law and the uniformity of the legal treatment of choice of court agreements throughout EU Member States, not to mention the potential for forum shopping for the party who wants to challenge a choice of court agreement for purely strategic reasons.

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