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4. Jurisdiction Notes

BPTC Law Notes > International Commercial Practice Notes

This is an extract of our 4. Jurisdiction document, which we sell as part of our International Commercial Practice Notes collection written by the top tier of City Law School students.

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Jurisdiction Notes on how to approach jurisdiction for a claim Rules applicable within Europe (determines by international convention and legislation): Governed by the Jurisdiction Regulation (Reg 44/2001/EC) (WB Vol 2) As it is a regulation it has direct effect without subsidiary implementing legislation. Article 1 - scope "Civil and commercial matters whatever the nature of the court of tribunal. It shall not extend in particular, to revenue, customs or administrative matters". Does not apply Status or legal capacity Matrimonial property Wills and succession Bankruptcy/insolvency/winding up Social security Arbitration Article 2 - Basic domicile rule (of limited relevance) "Subject to this Regulation, persons domiciled in a member state shall whatever their nationality, be sued in the courts of that member state". Convention applies even where claimant is not domiciled in contracting State but is seeking to bring an action against a defendant based in one of them - Universal General Insurance Co v Group Josi Reassurance Co SA (Case C 412/98) [2000] ECR 1 - 5925 The issue of domicile is one of that member state, who is "domiciled" in England -

Civil Jurisdiction and Judgments Order 2001 (SI 2001/3929) SCH 1 paras 9-12 (for Lugano see ss41-46 of CJJA 1982) "a) he is resident in the United Kingdom; and b) the nature and circumstances of his residence indicate that he has a substantial connection with the UKpresumed to have a substantial connection after being resident for 3 months

Corporation is domiciled (Art 60 of Jur Reg) "seat, central administration or principal place of business" CJJO - "A corporation or association has its seat in the UK if and only if: a) It was incorporated or formed under the law of a part of the UK and has its registered office or some other official address in the UK; or b) Its central management and control is exercised in the UK" Article 5 - Exceptions to the domicile rule (i.e. when you do not have to sue in the defendant's domicile (and not an area otherwise excluded)) Contract "A person domiciled in a Member state may, in another Member State, be sued: a) In matters relating to a contract, in the courts or the place of performance of the obligation in question; b) For the purpose of the provision and unless otherwise agreed, the place of performance of the obligation in question shall be:
- In the case of a sale of goods, the place in a Member State where, under the contract, the goods were delivered or should have been delivered (note: for a CIF contract this is where the goods go on the ship: Scottish v Newcastle)
- In the case of the provision of services, the place in a Member State where, under the contract, the services were provided or should have been provided. c) If (b) does not apply, then (a) applies"

Tort Handelskewkerif G.J.Bier BV v Mines De Potasse D'Alsace SA (Case 21/76) [1978] QB 708. Claimant has option of either starting where wrongful act ot omission or damage. N.b. as well as "special jurisdiction" above, the Reg provides for certain types of dispute the courts of a particular country will have jurisdiction. E.g. insurance, consumer, employment, land and company constitution (See Arts 6-22). Article 23 - Requirements of a jurisdiction clause Exclusive jurisdiction clause Where parties agree that a dispute can only be proceeded with in England and Wales "(1) If the parties, one or more of whom is domiciled in a Member State, have agreed that a court or courts of a Member State are to have jurisdiction to settle any disputes which have arisen or may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction. Such jurisdiction shall be exclusive unless the parties have agreed otherwise." Requirements of such a clause-

In writing In a form which the parties have established among themselves In international trade or commerce, in a form which Accords with usage of which the parties are or ought to have been aware Is widely known in the trade, and Is regularly observed in the trade If electronic, a durable record equivalent to being in writing

Service CPR r.6.33 Must ensure thatEnglish courts have jurisdiction (as above) There are no current proceedings concerning the same claim in any other UK court or court within a contract state; and

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