The European Rules on the Choice of Forum by Individuals: An Elaboration of Law Cases

Dimitra Stratigopoulou, John Mylonakis


Transactions among individuals of different residencies are countless and occur on a daily basis worldwide. A key question is at which court the parties shall bring an action. The judicial settlement of disputes arising from a contract is a complex procedure, especially when contracts have foreign elements. The scope of this article is to elaborate on the choice of forum agreements and the legal effects that they have (according to Article 23 of Brussels I Regulation). Results show that although the autonomy of the parties in choosing the competent court is given great priority in the strict system of procedural law rules of the European Union, the autonomy of the parties brings legal effects only when it is expressed according to certain requirements that are set in the European Regulation.

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