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Mme X (a Spanish national domiciled in Paris) opened a private bank account with the Luxembourg bank Edmond de Rothschild Bank (the Bank) via a French sister company of the Bank.In so doing, she signed up to the standard terms and conditions of the Bank.However, doing so can actually render your insurance policy invalid.You should report any changes you make to your vehicle, from fitting alloyed wheels and body kits to more complex alterations which boost speed and performance.As a result, no Finance Party shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction.
Insurers can charge higher premiums for modified cars, so keeping mum about any changes is tempting.
This has given rise to much debate as to whether such clauses are in fact compliant with the EU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels Regulation).
It had previously been understood that such unilateral jurisdiction clauses were compliant with the Brussels regime.
We will also consider the effectiveness of unilateral arbitration clauses.
Unilateral jurisdiction clauses (also known as hybrid, one-way or one-sided clauses) are very common, as they afford the party in whose favour they operate flexibility on jurisdiction.