Asymmetric jurisdiction clauses: when will they be effective?

In Società Italiana Lastre SpA (SIL) v Agora SARL (C‑537/23, 27 February 2025), on a reference from the French court, the Court of Justice of the European Union (CJEU) considered an asymmetric jurisdiction clause which allowed either party to sue in a named EU member state court but allowed one of the parties to sue in another competent court in that member state "or elsewhere”.

The decision confirms that asymmetric jurisdiction clauses may be valid under article 25 of the recast Brussels Regulation despite giving one party a greater choice as to where to bring proceedings. However, it suggests that validity will be called into doubt unless the choice of courts is limited to EU member states and contracting states to the Lugano Convention (ie Iceland, Norway and Switzerland).

In this article, which first appeared in the May 2025 edition of JIBFL, we consider the implications of the decision, including for parties choosing asymmetric jurisdiction clauses in favour of the English courts where there is an EU nexus: Asymmetric jurisdiction clauses: when will they be effective?