Part IV Procedural and Systemic Issues, 23 Choice-of-Court Agreements: Jurisdictional Conflicts
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Conflict of instruments — Exclusive forum clauses — Jurisdiction under the Brussels-Lugano Regime — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the traditional rules
This chapter considers the problems that 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. The chapter now deals with the interaction of these rules with the rules concerning <i>lis pendens</i>, the recognition of judgments, and other matters. It concludes that the only legitimate mechanism for ensuring respect for an exclusive choice-of-court agreement within the EU context is that provided by Brussels 2012, Article 31(2); both antisuit injunctions and actions for damages for ‘wrongful’ litigation are contrary to EU law.