CYIL vol. 14 (2023)

CYIL 14 (2023) COMPARISON OF THE PROROGATION AGREEMENTS UNDER THE HAGUE CONVENTION… COMPARISON OF THE PROROGATION AGREEMENTS UNDER THE HAGUE CONVENTION ON CHOICE OF COURT AGREEMENTS AND UNDER THE BRUSSELS I BIS REGULATION, THEIR INTERRELATIONSHIP AND THEIR EFFECTS WITHIN THE EU ACQUIS 1 Dominika Moravcová Abstract: The presented article focuses on one of the key elements of procedural issues in private international law, the prorogation clause. Choice of the jurisdiction in civil and commercial matters is regulated not only by national sources of private international law but also by the EU acquis and international treaties. The aim of this paper is to compare the regulation enshrined in the Hague Convention on Choice of Court Agreements with the general regime under the Brussels I bis Regulation and to identify the relationship between the analysed sources. Partial objectives are to highlight the most significant differences between the analysed instruments, to propose possible de lege ferenda amendments, and to identify the effects of the Convention and Brussels I bis Regulation in the EU legal order. Resumé: Predložený článok sa zaoberá prorogáciou v zmysle kľúčových nadnárodných pra meňov, Nariadenia Brusel I bis a Dohovoru o dohodách o voľbe súdu. Nakoľko sa predmet né úpravy prekrývajú svojou pôsobnosťou vo vymedzenom rozsahu, cieľom článku je nielen porovnať vybrané úpravy, ale aj vyriešiť otázku ich vzájomného vzťahu a účinkov v úniovom acquis . Keywords: Convention on Choice of Court Agreements, Brussels I bis Regulation, choice of jurisdiction, prorogation. About the Author : JUDr. Ing. Dominika Moravcová, MBA is studying doctoral type of study, Faculty of Law, Pan-European University, Slovakia. In addition to her activities at the Faculty of Law as an internal PhD student, she is currently engaged in entrepreneurial activities and work duties in the field of law and economics. Introduction The integration processes within Europe, as well as the completion of the EU internal market, are causing a constant increase in the occurrence of legal relations with a foreign element in daily practice. It is necessary to look at the relations in question through the norms of private international law, which derive from national legislation, the EU acquis , and international treaties. A major international intergovernmental organisation, the Hague Conference on Private International Law (the Hague Conference or the Conference), is working to harmonise the rules of private international law. At the EU level, many EU regulations covering private international law have been adopted in the field of judicial cooperation in civil matters. Last but not least, national private international law legislation has remained in force in parallel. All of these sources respect, in legal relations with a foreign element, a certain degree of autonomy of the will of the contracting parties, either as regards

1 This work was supported by the Slovak Research and Development Agency under the contract No. APVV-20 0567.

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