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Prorogation agreement and its application issues in relation to judicial practice

Publication at Faculty of Law |
2022

Abstract

The paper analyses a prorogation agreement concluded in matters concerning relations between entrepreneurs arising from entrepreneurship, the content of which is an agreement on the local jurisdiction of a court of first instance other than that provided for in the Code of Civil Procedure. It also analyses a prorogation agreement other than one which, under the Brussels I bis Regulation, establishes the international jurisdiction of the courts of a designated Member State and, where applicable, the local jurisdiction of a particular court, if chosen.

The main emphasis is then given to the various interpretative problems involved in the application of the relevant rules. The aim of the paper is to address these individual interpretative issues in relation to judicial practice and to conclude whether the courts in such cases act in accordance with legal doctrine.