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Prorogation of jurisdiction - Articles 25 and 26

In: The Brussels I-bis Regulation

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Abstract

Prorogation of jurisdiction and tacit prorogation are addressed in this chapter. In particular, the extending the scope of application in the Recast, the amendment concerning the law applicable to the substantive validity of prorogation clauses, the revised lis pendens rule, as well as the newly introduce rule on tacit prorogation in case of weaker party disputes are discussed in great detail. The relevant CJEU case law relating to the formal validity of prorogation clauses are extensively analysed.

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  • ., 2023. "Prorogation of jurisdiction - Articles 25 and 26," Chapters, in: The Brussels I-bis Regulation, chapter 5, pages 310-342, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:19923_5
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    File URL: https://www.elgaronline.com/doi/10.4337/9781800370159.00014
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    Law - Academic; Law - Professional;

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