Part II Jurisdiction, 7 Jurisdiction: General Principles
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Exclusive forum clauses — Jurisdiction under the Brussels-Lugano Regime — Law of the country of domicile
This chapter deals with the general aspects of jurisdiction. It focuses on Brussels 2012 and Lugano 2007, since Hague is concerned only with one special kind of jurisdiction. It shows that Brussels 2012 and Lugano 2007 are highly structured instruments. They have been carefully designed to provide a system of jurisdiction which enables the EU to function almost as if it were a single juridical unit. Though it has its flaws, it nevertheless constitutes a remarkable intellectual achievement. The discussions cover the theory of jurisdiction, exclusive and non-exclusive jurisdiction, the basic structure of Brussels and Lugano, determination of domicile under Brussels and Lugano, concept of residence under Hague, determination of domicile under UK law, nationality, declarations of non-liability (negative declarations); and the courts ‘for a place’ and the courts ‘of a Member State’.