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Part IV Procedural and Systemic Issues, 23 Choice-of-Court Agreements: Jurisdictional Conflicts

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

23.01 In this chapter, we consider the problems which arise when an exclusive choice-of-court agreement, which is claimed to be valid, designates a court or the courts of one Member State (the ‘designated’ court), and proceedings are brought in another court (the ‘non-designated’ court). The basic aspects of choice-of-court agreements were discussed in Chapter 13; we now deal with the interaction of these rules with the rules concerning lis pendens, the recognition of judgments, and other matters. 23.02 The rules on lis pendens were considered in Chapter 22. The...
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