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4 Jurisdiction

From: Private International Law in English Courts

Adrian Briggs

Content type:
Book content
Product:
Private International Law [PRIL]
Published in print:
06 November 2014
ISBN:
9780198713739

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 19 January 2022

Subject(s):
Jurisdiction under the Brussels I Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Common Law Rules — Contractual agreements on jurisdiction — Jurisdiction clauses — Article 23 — Burden of proof — Issue and cause of action estoppel — Rome Convention — Public policy — Applicable law — Rome I Regulation and choice of law
4.01 The reason why there is a problem in giving an account of the private international law of jurisdiction is that the word ‘jurisdiction’ serves several purposes in private international law.1 At a general level ‘jurisdiction’ describes the legal power of a court to adjudicate a claim or matter, typically, though not invariably, brought by a claimant against a defendant. It is often helpful to think separately about personal jurisdiction and subject-matter jurisdiction: the former is concerned with whether this defendant may be summoned before the court; the...
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