Cross-border issues and disputes: Jurisdiction, forum selection and parallel proceedings

Keywords: ECJ ruling, Brussels I Regulation, EU Rules, contractual disputes, commercial business, Europe, Article 22.2

ECJ ruling on the scope of Article 22.2 of the Brussels I Regulation:

In disputes in which a company argues that a contract cannot be relied upon against it on the basis that a decision of its organs which led to the conclusion of the contract is invalid, Article 22.2 does not apply so as to allocate "exclusive jurisdiction" to the Courts of the EU Member State in which that company has its seat.

The scenario:

Summary

THE CASE:

The Court of Justice of the EU ("ECJ") has delivered a key decision in Berliner Verkehrsbetriebe (BVG) Anstalt des öffentlichen Rechts v JPMorgan Chase Bank NA, Frankfurt Branch (Case C-144/10).