Etihad Airways Pjsc v Flother: CA 18 Dec 2020

‘ important issue of principle concerning the scope and effect of Article 31(2) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (‘Brussels Recast’). The issue, shortly stated, is whether Article 31(2), on its true interpretation as a matter of EU law, applies to an agreement conferring exclusive jurisdiction on the courts of a Member State of the EU, in circumstances where the exclusive choice of court agreement applies to proceedings initiated by one party, but not (or not necessarily) to proceedings initiated by the other party. ‘


Lord Justice Henderson


[2020] EWCA Civ 1707




England and Wales

Jurisdiction, European

Updated: 26 May 2022; Ref: scu.656877