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Jurisdiction Notes

BPTC Law Notes > Commercial Dispute Resolution Notes

This is an extract of our Jurisdiction document, which we sell as part of our Commercial Dispute Resolution Notes collection written by the top tier of City Law School students.

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JurisdictionJurisdiction is where to hear the case, choice of law is which country's rules to apply, i.e. conflict of laws

When an issue?Where one party or subject matter is abroad

What to do??

Consider whether EW have jurisdiction by looking at relevant rules Previously, just common law rules - now an EU element

Rules of jurisdictionCommon Law rules o Jurisdiction of EW can be established:
? Where process served on foreign D present in EW
? Where foreign D submits to jurisdiction of EW
? Where EW accept power to accept jurisdiction1968 Brussels Convention o Departed from CL Rules o Originally jurisdiction between MS of EU o Now restricted for Denmark and other EU states o 1st July 2007 - Denmark now bound by Regulation by an other parallel agreement?1988 Lugano Convention o Entered between EU MS and EFTA (European Free Trade Association) o Regulates jurisdiction now between EU and Norway, Iceland and Switzerland Council Regulations No. 44/2001 - (the old regulations) o Replaced Brussels Convention Regulation (EU) No. 1215/2012 (the Regulations) o For claims after 10th January 2015 o Article numbers have changed o Deals with 2 issues:
? International jurisdiction of courts where EW courts have jurisdiction of s/o domiciled abroad
? Enforcement of foreign court judgments

The Regulation?Enforced by all MS of EUDoes the regulation apply?
o Must be international element
? Generally not applicable for national disputes
? International element need not be sufficient

When a court considering jurisdiction, it must consider Regulation rather than default CL position To decide if there is jurisdiction, there are 3 steps of review: o Does the regulation apply o Do EW courts have jurisdiction under the Regulation?
o If so, can EW accept jurisdiction usually?

?

o

Can arise from subject matter or party Must be within material scope of Regulation
? Relates to substance
? Only where:Must be sufficient connection b/w claim and member state o Ensures courts of MS have jurisdiction of claims connected to territories o Art 13 o Currently 28 MS o Connecting factor is usually domicile of the D
? Is he domiciled in another MS?o

Differs depending on what D is...
o Individuals (art 62)
? Apply internal law to decide if domiciled in MS o Companies (art 63)
? Where there is central administration, statutory seat, principal place of business
? For UK - registered office or place of incorporation or where formation took place o Partnership (art 63) Can be established in other ways
? If exclusive jurisdiction rules apply (art 24)?Applies regardless of domicile of parties

Allocates exclusive jurisdiction over 5 categories of cases: o Land o Validity of company o Validity of entries on public register o Patents, trademarks and designs o Enforcement of judgments If choice of jurisdiction clause in contract (art 25)oMust have been agreed by parties that courts of MS have jurisdiction to settle any disputes
? Does not matter where parties are domiciled - can even me outside MS o Article 6 incorporates the CL rules by reference
? Allows EW to use CL rules to assess whether it has jurisdiction as a last resort Must be within temporal scope of Regulation
? Time the Regulation applied
? 10th January 2015, if not, will use one of the other jurisdiction regimes above.

Do the courts of EW actually have jurisdiction?
o Exclusive jurisdiction (art 24)
? Regardless of domicile
? Priority over all other jurisdiction rules
? Only court designated by art 24 will have jurisdiction to hear
? If commenced before any other court, they must decline jurisdiction (art 27) o Submission (art 26)

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