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Rules on jurisdiction in weaker party disputes

In: The Brussels I-bis Regulation

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The rules on jurisdiction contained in Sections 3, 4 and 5 of the Regulation relating to in weaker party disputes are analysed in this chapter. After providing an outline of rationale, common principles and denominators of weaker party disputes in general, specific rules applicable for each of them - insurance, consumer and employment contracts, are extensively discussed. A diversity in the level of protection in different EU legal instruments and its shortcomings are presented. The amendments introduced in the Recast aiming at an enhanced protection of certain categories of weaker parties are extensively analysed. Within this context particularly regarded are expanding the personal scope of application, adjusted rule on tacit prorogation and the exception from applying the revised rule on lis pendens with regard to prorogation of jurisdiction in weaker party disputes.

Suggested Citation

  • ., 2023. "Rules on jurisdiction in weaker party disputes," Chapters, in: The Brussels I-bis Regulation, chapter 3, pages 220-276, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:19923_3
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800370159.00012
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    Law - Academic; Law - Professional;

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