The Legal Regulation and Enforcement of Asymmetric Jurisdiction Agreements in the European Union

Ahmed, Mukarrum (2017) The Legal Regulation and Enforcement of Asymmetric Jurisdiction Agreements in the European Union. European Business Law Review, 28 (3). pp. 403-425. ISSN 0959-6941

[img]
Preview
PDF (he_Legal_Regulation_and_Enforcement_of)
The_Legal_Regulation_and_Enforcement_of.pdf - Accepted Version
Available under License Creative Commons Attribution-NonCommercial.

Download (647kB)

Abstract

This article examines the legal regulation and enforcement of asymmetric choice of court agreements under the Brussels I Regulation (Recast). The two significant and related issues of the effectiveness of asymmetric jurisdiction agreements under Article 25 of the Recast Regulation and whether proceedings commenced in the primary non-exclusive court identified in the agreement should trigger the application of Article 31(2) of the Recast Regulation are analyzed. Notwithstanding, the rulings of the French Cour de Cassation in Banque Rothschild and ICH v Credit Suisse, it will be argued that asymmetric choice of court agreements should in principle be effective under Article 25 of the Recast Regulation from the perspectives of validity, certainty, form and fairness. The validity and effectiveness of asymmetric jurisdiction agreements in the jurisprudence of the English courts is already well established. There also exists some support for the argument that proceedings initiated in the English courts (as the primary non-exclusive court identified in the clause) may invoke the protective cover of Article 31(2) of the Recast Regulation where the borrower in an international finance agreement has breached his obligation to sue exclusively in the English courts.

Item Type:
Journal Article
Journal or Publication Title:
European Business Law Review
Additional Information:
Copyright © 2017 Kluwer Law International All rights reserved
ID Code:
82615
Deposited By:
Deposited On:
04 Nov 2016 10:30
Refereed?:
Yes
Published?:
Published
Last Modified:
25 Oct 2020 04:26