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Do changes to the Brussels Regulations go far enough?

The recast regulations provide welcome recognition of parties' choice of jurisdiction, but some issues still remain unresolved, explain Gavin Foggo and Evie Meleagros

9 June 2015

For many years, an exclusive jurisdiction clause provided little clout in circumstances where a party was (a) outside the EU, or (b) had issued and served first in another member state court (usually one in which it would be easier to delay the outcome – the so-called ‘Italian torpedo’).

Of all the changes to the Brussels Regulations, which came into force on 10 January 2015, the recognition by the European Commission of the need to respect the choice of jurisdiction by the parties in
their agreements is the most welcome.

Exclusive jurisdiction

Under article 25 of the new Brussels Regulations, if the parties have agreed in writing that a court of an EU member state shall have exclusive jurisdiction to settle a dispute, that court shall have jurisdiction. Unlike under the old rule, the parties are able to ag...

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