YUKOS INTERNATIONAL UK BV AND OTHERS V MERINSON

[2018] EWHC 335 (Comm), Queen's Bench Division, Commercial Court, Richard Salter QC, 27 February 2018

Conflict of laws - Jurisdiction - Ability of parties to choose jurisdiction in employment, consumer and insurance cases - Effect of settlement agreement - Brussels Regulation Recast, articles 15, 19 and 23

Under articles 15, 19 and 23 of the Brussels Regulation Recast, the restrictions on the parties' ability to choose jurisdiction in insurance, consumer and employment disputes respectively do not apply where the jurisdiction agreement has been entered into "after the dispute has arisen". The present case concerned an employment dispute in respect of a contract governed by Dutch law, resolved by a settlement agreement which conferred exclusive jurisdiction upon the Dutch courts. Proceedings were brought by the employers in England, and the employee sought a declaration that the claims fell within the settlement agreement and that the English courts had no jurisdiction by reason of the exclusive jurisdiction clause in the settlement agreement.