1. Private International Law
Academic Year 2018/2019
Pietro Franzina –

2. Jurisdiction
Exclusive (and mandatory) heads of jurisdiction: Article 24
rest on a particularly strong connection between the dispute and a MS
e.g., Article 24(1): disputes over rights in rem in immoveable property: forum rei sitae
take precedence over any other ground of jurisdiction
Choice-of-court agreements (COCAs): Article 25
refer to disputes that have arisen / may arise in connect. with a legal relationship
aim to confer jurisdiction on the designated court(s) (prorogation)…
… and, normally, to exclude the jurisdiction of any other court (derogation)
Article 25 applies to COCAs that purport to confer jurisdiction
on a court / the courts of a MS, regardless of the domicile of the parties
to assess the enforceability of a COCA, one must determine
whether, in the circumstances, a COCA is admissible in the first place
whether it complies with the formal requirements laid down by the Regulation
whether it is valid as to its substance according to the law of the designated MS