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Brussels I Rome I Notes

LPC Law Notes > International Commercial Law Notes

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A more recent version of these Brussels I Rome I notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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Brussels I Regulation 44/2001 =
Jurisdiction MUST GO TO PAGE 160 for FLOWCHART BASIC RULE = Defendant is sued in the courts of his home country unless an Exception applies: Exceptions =
Contracts, Torts, situation where the Defendant has a local branch office, real property, companies, intellectual property rights (IP), insurance, Consumer contracts, and Employment matters

By Art.23 Basic Rule CAN be contracted out

SPECIAL JURISDICTION: Art.5(1)(a) Contract: if dispute is a contract matter then, there is an option of suing D in the MS where the contract should have been performed Art.5(1)(b) Sales of Goods Contract: it is presumed that "place of performance of the obligation in question" is the MS where the goods were delivered or should have been delivered. Art.5(3) Tort: D may be sued in the courts of MS where the harmful event occurred or may occur Art.5(5) Branch Office: if D has a branch or office in another MS D may be sued there if dispute arises out of the operations of that branch or office. By Art.23 Special Jurisdiction CAN be contracted out

EXCLUSIVE JURISDICTION: OVERRIDES the Basic Rule and Special Jurisdiction Art. 2 Land: The MS where the land is situated has exclusive jurisdiction Art. 2 Constitution or Dissolution of Co.'s: The MS where the Co. has it seat (i.e. Reg Office) Art. 2 IP Rights: registration or validity of IP rights, MS where rights are registered or applied for By Art.23 Exclusive Jurisdiction CANNOT be contracted out

THE WEAK PARTY: Art. 15 to 17 Weak party can only be sued in his own courts Art. 15 to 17 Weak party can chose the court where it will sue the other party Applies to INTERNET consumer (i.e. internet seller can be sued anywhere) By Art.23 CAN be contracted out

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