Private International Law Academic Year 2018/2019 Pietro Franzina – pietro.franzina@unife.it

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