ABSTRACT
Section 7 of Chapter II of the Brussels Ibis Regulation (EU Regulation no. 1215/2012) deals with prorogation of jurisdiction. The choice of jurisdiction can be made by a choice-of-court agreement or by a trust provision (Art 25), or by submission to the court seized (Art 26). The purpose of Art 26 is, in part, common to the purpose of Art 25: to respect freedom of choice. However, where one of the parties is a typically weaker party, it may be appropriate to limit freedom of choice or, as it is the case in Art 26(2), to provide for a duty of information aimed at overcoming the information asymmetry between the parties. The present essay addresses the main interpretation and gap filling issues arising therefrom.
Pinheiro, Luís de Lima, Prorogation by Submission under Article 26 of Brussels Ibis Regulation and the Protection of Weaker Parties (May 15, 2024). Forthcoming in issue 2024/2 of Cuadernos de Derecho Transnacional in Honor of Professor Alfonso-Luis Calvo Caravaca.
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