Gli Accordi Asimmetrici di Scelta del Foro Secondo il Regolamento Bruxelles I Rifusione

This dissertation will provide an overview of the regime of asymmetric jurisdiction agreements provided by the Brussels I Recast Regulation. Firstly, the issue of choice of forum will be dealt with, by taking into consideration its discipline within the European Union and the important innovations introduced Art. 25 of the Regulation 1215/2012. Moreover, some reflections on the impact of Brexit on jurisdiction clauses will be given. Subsequently, the analysis will be focused on its core element: asymmetry. The author will than provide a definition of asymmetric jurisdiction agreements, examining some of the main consequences that a unilateral construction of choice of forum may generate. Finally, a critical evaluation of European case-law will be presented, focusing in particular on the two antithetical approaches followed by EU Member States in relation to the validity or voidance of asymmetric jurisdiction agreements.