Part IV Special Topics, 13 Consumer Contracts Under Brussels and Lugano
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Choice of court and consumer contracts — Law of the country of domicile — Rome I Regulation and choice of law — Jurisdiction under the Brussels I Regulation — Jurisdiction over consumer contracts
13.01 We saw in Chapter 4 that consumer contracts are outside the scope of the Hague Convention. In this chapter, we are not concerned with the Hague Convention: we are limiting our consideration to Brussels 2000, Brussels 2012, and Lugano. Choice-of-court agreements relating to consumer contracts are within the scope of these latter instruments. However, the instruments contain special rules of jurisdiction for consumer contracts, and, where these rules apply, choice-of-court agreements are valid only in specified circumstances. Since these circumstances are...