No security for legal costs for British after Brexit

A British plaintiff resident in the UK asserted claims against an Austrian company arising from a commercial transaction before an Austrian court; the parties had agreed in writing that this court should have exclusive jurisdiction. The transaction giving rise to the claim, the agreement on jurisdiction and the action took place after Brexit.

The Austrian Supreme Court in its decision 4Ob30/22y stated that in such an international civil or commercial matter, the UTCCR, to which the UK acceded after Brexit, is applicable and that according to Art 8(1) UTCCR, a decision (including the costs decision) of a court of a contracting state designated in an exclusive choice of court agreement is recognised and enforced in the other contracting states. Thus, enforcement states and their courts have no discretion as to whether or not to enforce in principle. The British plaintiff is therefore exempt from providing security for legal costs.

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