Implications of consensus convention for consumer disputes

• approved jurisdictions include:

  • defendant’s habitual residence
  • chosen forum unless it is a B2C contract
  • some other grounds (for discussion)

• consumer’s habitual residence not an approved jurisdiction ie not in white list, as no consensus

• prohibited jurisdictions include plaintiff's habitual residence unless it is a B2C contract

• define B2C contract solely by reference to who the parties are

  • not where it was entered into, or what preceded it

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