The Legal Regulation And Enforcement Of Asymmetric Jurisdiction Agreements In The European Union

This test then applies to the jurisdiction clause: this article examines the legislation and application of asymmetric jurisdiction agreements under the Brussels I Regulation (recast). The two key and related issues concerning the effectiveness of the asymmetric jurisdiction agreements referred to in Article 25 of the recast Regulation and whether proceedings before the non-exclusive main court referred to in the Agreement should trigger the application of Article 31(2) of the revised Regulation are analysed. Notwithstanding the judgments of the French Court of Cassation in Banque Rothschild and ICH v Credit Suisse, it is argued that asymmetrical jurisdiction agreements under Article 25 of the Recast Regulation should in principle be effective while respecting validity, security, form and fairness. The validity and effectiveness of asymmetrical jurisdiction agreements in the case law of English courts is already well established….