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Substance and Procedure in Private International Law by Garnett, Richard (8th March 2012)

4 Service and Jurisdiction

James J. Fawcett

From: Substance and Procedure in Private International Law

Richard Garnett

Subject(s):
EU Service Regulation — Jurisdiction and subject matter connection with England — Injunctions to restrain proceedings abroad — Forum non conveniens — Jurisdictional immunities — Jurisdiction under the Brussels I Regulation — Choice of law clauses — Jurisdiction clauses
4.01 It is well established in all systems of private international law that the manner of effecting service of originating process on a defendant is governed by the law of the forum court. Indeed, the basic common law rule of personal jurisdiction is that a defendant will be subject to local jurisdiction where he or she has been served with originating process while present in the forum. 1 In determining whether the defendant has in fact been ‘served’, the forum court will apply its own procedural rules. However, the question of whether the parties have entered...
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