Part II Jurisdiction, 10 Maritime Claims
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Subject-matter scope — Contract — Tort/delict — Shipping
This chapter discusses the law on maritime claims. Maritime claims are civil or commercial matters and, as there is no special exclusion that puts them outside the subject-matter scope of the instruments, they are covered by both Brussels 2012 and Lugano 2007. The normal rules in Brussels and Lugano apply to maritime claims, both <i>in rem</i> and <i>in personam</i>. Thus, a maritime claim may be brought against a shipowner if the shipowner is domiciled in the Member State of the forum; and claims in contract or tort against a shipowner domiciled in another Member State may be brought under the appropriate provisions of Brussels 2012, Article 7. The chapter also covers the rules on salvage cases and proceedings for the limitation of liability.