{
  "url": "https://openlegislation.uk/eu-directive-2008-52/article-2",
  "json_url": "https://openlegislation.uk/eu-directive-2008-52/article-2.json",
  "legislation": "eudr/2008/52",
  "legislation_title": "Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters",
  "legislation_url": "https://openlegislation.uk/eu-directive-2008-52",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Cross-border disputes",
  "text": "1. For the purposes of this Directive a cross-border dispute shall be one in which at least one of the parties is domiciled or habitually resident in a Member State other than that of any other party on the date on which:\n(a) the parties agree to use mediation after the dispute has arisen;\n(b) mediation is ordered by a court;\n(c) an obligation to use mediation arises under national law; or\n(d) for the purposes of Article 5 an invitation is made to the parties.\n2. Notwithstanding paragraph 1, for the purposes of Articles 7 and 8 a cross-border dispute shall also be one in which judicial proceedings or arbitration following mediation between the parties are initiated in a Member State other than that in which the parties were domiciled or habitually resident on the date referred to in paragraph 1(a), (b) or (c).\n3. For the purposes of paragraphs 1 and 2, domicile shall be determined in accordance with Articles 59 and 60 of Regulation (EC) No 44/2001.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2008/52/article/2",
    "retrieved_at": "2026-11-01T15:22:21.070833+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}