As for the rules of jurisdiction, the "Brussels I" Regulation also applies where the defendant is habitually resident outside Community territory: this is the case where the dispute is within an exclusive jurisdiction rule, [18] where the jurisdiction of the court proceeds from a jurisdiction clause, [19] where the defendant enters an appearance [20] and where the lis pendens rule applies; [21] in general, Article 4(2) specifies that where the defendant is habitually resident in a third country, the claimant, if habitually resident in a Member States, may rely on exorbitant rules of the law of the country where he is habitually resident, irrespective of his nationality.
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