Clifford Chance
Court jurisdiction under the Brussels I Regulation (recast): good in parts - Septmber 2014
23 September 2014
The Brussels I Regulation (recast) will introduce significant improvements in the jurisdictional regime within the EU. In particular, it gives priority to a court nominated in an exclusive jurisdiction clause, allowing that court to continue with its proceedings even if another court in the EU was seised of the claim first. But the recast Regulation also contains ambiguities and unsatisfactory elements, including regarding the ability of EU courts to give effect to jurisdiction agreements in favour of non-EU courts. Overall, the recast Regulation is to be welcomed, but its application will not always be plain sailing.
