Jurisdiction(s):
European Union

Brussels I (recast) Article 25: Choice of Court Agreements—Validity, Formal Requirements, Scope, Exceptions and Third‑State (including UK) Application

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Practice notes

Practice Note

This Practice Note outlines jurisdiction clauses governed by Article 25 of Regulation (EU) 1215/2012, Brussels I (recast). It addresses matters including derogation; circumstances in which Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) is inapplicable; the status of hybrid clauses; implications for parties outside the EU; and also the criteria for a binding jurisdiction agreement. It provides guidance on derogation from the Regulation’s default allocation of jurisdiction, and clarifies when an agreement will be treated as valid and enforceable. It further considers the hearing process and the evidential threshold required. The Practice Note also discusses how Article 25 applies to the UK as a non-EU Member State (often described as a third state) following its exit from the EU, subject to the operation of transitional provisions in the Withdrawal Agreement. For broader guidance on applying this article to third states, together with other parts of the Regulation that affect third states—namely Articles 18(1), 21(2), 24, 26, 33 and 34 of Regulation (EU) 1215/2012, Brussels I (recast)—see Practice Note: Brussels I (recast)—application to third states [Archived]. Please note that Article 25 also contains provisions concerning trust instruments; however, those rules are beyond the scope of this Practice Note entirely...

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Web page updated on 21/05/2026

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