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agreement confers non-exclusive jurisdiction on the court of a country where the
consumer was domiciled at the time the consumer contract was concluded , or the
85
court of a country where the labor was being provided at the time of the termination
labor contract . In addition, the agreement is also valid when the consumer or
86
employee files an action with the chosen court, or invokes such agreement in his or
her favor in a proceeding brought by a business operator or employer . However,
87
parties are free to choose the forum when a choice-of-court agreement is concluded
after the dispute has arisen because it would no longer conflict with the policy of

protecting weaker parties .
88
The Brussels I (recast) also provides special protection for economically

weak parties. The regulation contains specific rules dealing with insurance contracts ,
89
consumer contracts and employment contracts that typically involve an imbalance
90
91
of bargaining power . The general principle is that the proceedings may be brought
92
against a weaker party, such as a consumer or employee, by the other party to the

contract only in the courts of the member state in which the weaker party is
domiciled. Furthermore, the parties’ freedom to select a forum is also limited to a

certain extent in order to protect the weak parties according to Articles 15, 19 and 23
of the Brussels I (recast). In general, a choice-of-court agreement involving weak

parties is prohibited except in situations where it is wholly beneficial to the weak
parties or where the agreement is concluded after the dispute has arisen .
93

85. Article 3-7 (5)(i) of the JCCP.
86. Article 3-7 (6)(i) of the JCCP.
87. Articles 3-7 (5)(ii) and (6)(ii) of the JCCP.
88. Tatsubumi Sato and Yasuhiko Kobayashi, “Ichimon itto heisei 23 nen minji sosho-ho to kaisei - kokusai
saiban kankatsu hosei no seibi” [Questions and Answers Amendment to the Code of Civil Procedure,
etc. in Heisei 23: Establishment of International Jurisdiction]. Tokyo: Shojihomu, 2012, 143.
89. Articles 10-16 of the Brussels I (recast).
90. Articles 17-19 of the Brussels I (recast).
91. Articles 20-23 of the Brussels I (recast).
92. Hartley, “International Commercial Litigation,” 84.
93. Ibid., 194.

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