24In that connection, it must be recalled, as a preliminary point, that according to the terms of Article 23(1) of the Brussels I Regulation, the jurisdiction of a court or the courts of a Member State, agreed by the contracting parties in an agreement conferring jurisdiction is, in principle, exclusive. In order to be valid, that clause must be in writing or evidenced in writing, in a form which accords with practices which the parties have established between themselves or, in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware. Pursuant to Article 23(2) ‘any communication by electronic means which provides a durable record of the agreement’ must be regarded as ‘equivalent to “writing”’.
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