Uncertain jurisdiction in contractual matters within the European Union
January 2012Paris International Litigation Bulletin no. 2
The determination of the court before which one should initiate an action is an essential step when preparing a trial. Indeed, the wrong decision can significantly increase the duration of a dispute and consequently increase costs. Yet, in the absence of any jurisdiction clause binding the parties to an agreement, the determination of the court(s) with jurisdiction in contractual matters is rather difficult within the European Union under the Brussels I Regulation.