The Jurisdiction of the Unified Patent Court: A Model for the Application of the Brussels I Recast Regulation to non-EU Disputes?

Despite the introduction of certain heads of jurisdiction applicable erga omnes, the Brussels Ia Regulation essentially replicates the structure of its predecessor, leaving to national law the determination of jurisdiction against defendants domiciled in third States. With a view to reforming the Regulation, attention should be paid to the provisions on the jurisdiction of “courts common to several Member States” that were introduced by Regulation No 542/2014 in order to accommodate the Unified Patent Court (UPC) within the EU judicial system. Ironically, whilst the fate of the UPC appears highly uncertain, its rules of jurisdiction, which also apply to third-State domiciliaries, might have a lasting legacy as a model for future reforms of the scope of jurisdiction rules for civil and commercial matters generally. The question then arises: Do the new rules provide an adequate model?