Part III Jurisdiction, Foreign Judgments and Awards, 10 Jurisdiction of the English Courts—An Introduction

Subject(s):

Choice of law clauses — Jurisdiction under the Brussels-Lugano Regime — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Lugano Convention

This chapter provides an overview of issues relating to the jurisdiction of the English courts. It begins with a discussion of jurisdiction under the Brussels/Lugano system, focusing on four different sets of rules: the rules contained in the Brussels I Regulation as amended in the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention. It then considers jurisdiction under the rules contained in a modified version of the Brussels I Regulation, as well as jurisdiction under the traditional English rules (whether the English courts have power to hear the case; whether the court will decline jurisdiction or stay the proceedings. or restrain foreign proceedings; and whether there is a limitation upon the exercise of jurisdiction). The chapter also examines jurisdiction under the rules in the Hague Convention on Choice of Court Agreements 2005, ratified by the European Union on behalf of all the Member States.