PIL.OT / DEVELOPMENT
PIL.OTv0.57.7
In this book chapter, Youseph Farah considers the limits of party autonomy in choice-of-court agreements under Article 25 of Brussels I (recast). He criticises the Court of Justice’s ruling in Inkreal v Duha that the selection of a foreign court alone suffices to make a dispute international, arguing that this formalist approach deprives party autonomy of substance, overreaches EU competence and undermines Member State sovereignty. He concludes that a substantive conception of internationality is required to preserve party autonomy and the constitutional balance of the Brussels I regime.
Edward Elgar Publishing eBooks · 2026
DOI 10.4337/9781035318698.00008