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Civil Jurisdiction and Judgments in Europe - The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention by Hartley, Trevor C (20th July 2017)

Part II Jurisdiction, 13 Choice-of-Court Agreements

From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

Trevor C Hartley

Subject(s):
Jurisdictional and choice of court agreements — Severable agreements — Validity and effect

This chapter considers choice-of-court agreements under Brussels 2012, Lugano 2007, and Hague. The issue is considered based on the assumption that the courts of only one country are involved. Several provisions in all three instruments are relevant. In the case of Brussels 2012, the most important for present purposes is Article 25; in the case of Lugano 2007, it is Article 23; in the case of Hague, the whole Convention could be regarded as relevant, since all of it is concerned with choice-of-court agreements. The discussions cover the nature of choice-of-court agreements, relevant provisions, location of the designated court, the need for an international element, asymmetric choice-of-court agreements, indirect designation, formal validity and consent, substantive validity, severability, disputes covered, parties covered, the obligation to hear the case, and the obligation to decline jurisdiction.

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