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Civil Jurisdiction and Judgments in Europe - The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention by Hartley, Trevor C (20th July 2017)

Part II Jurisdiction, 12 Exclusive Jurisdiction

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(s):
Choice of court and companies — Choice of court and immovable property — Choice of court and intellectual property — Exclusive forum clauses — Recognition and enforcement of foreign judgments

The special feature of exclusive jurisdiction is that it has two aspects: not only does it confer jurisdiction on the specified court, but it also deprives all other courts of the jurisdiction they might otherwise have had. It may arise because of the intrinsic importance of the subject-matter for the country concerned, or it may be the result of the choice of the parties. The latter is the case with regard to choice-of-court agreements. This chapter considers the situations in which Brussels 2012 and Lugano 2007 lay down rules of exclusive jurisdiction that apply irrespective of the will of the parties. The relevant provisions are contained in Brussels 2012, Article 24 and Lugano 2007, Article 22. They apply even if neither party is domiciled in the European Union (or Lugano area). This chapter covers immovable property, companies and other legal persons, public registers, intellectual property, and enforcement of judgments.

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