An asymmetric clause allows one party to sue another party in any jurisdiction and at the same time restricts the other party to sue in only one exclusive jurisdiction. Asymmetric jurisdiction clauses are commonplace in financing documents, such as loan agreements and guarantees. The Brussels I-bis Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction.
This PhD-thesis analyses the status and operation of asymmetric jurisdiction agreements under Brussels I-bis — and argues that asymmetric clauses are compatible with the Brussels regime, but that there are some difficulties with the lex fori prorogati and the provisions on lis pendens.