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Part II Jurisdiction, 10 Maritime Claims

From: Civil Jurisdiction and Judgements in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention (2nd Edition)

Trevor Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 27 February 2024

10.01 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 2007.1 This applies even if they are brought in the form of proceedings in rem.2 10.02 It might nevertheless be thought that proceedings in rem create a problem, since it is sometimes said that such actions have no defendant, or that the res (usually a ship) is the defendant.3 If this were correct, it would be hard to fit them into the scheme of Brussels and...
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