Defensor Legis Journal 6/2016 – Brussels I regulation: Jurisdiction in contractual matters in light of EU case law / Niki J. Welling
It is recommended that companies always include provisions on applicable law and forum for disputes in commercial contracts. These are, however, often left out from contracts, either accidentally or on purpose. In case parties have not agreed which court adjudicates a dispute between the parties the Brussels I regulation determines the competent court. In his article, Niki J. Welling examines the prerequisites for determining jurisdiction in contractual matters and examines the principles the European Court of Justice have assumed in its interpretation of the Brussels I regulation.