Part II Jurisdiction, 14 Submission
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Consent in private international law — Establishing jurisdiction — Set off and counterclaim
This chapter considers the rules on submission. If the defendant enters an appearance before a court of a Member State (Lugano State) without contesting jurisdiction, that fact alone confers jurisdiction on the court in question. This ensures that a defendant cannot fight the case on the merits and then, if he loses, claim that the court had no jurisdiction. The rule is usually explained on the ground that the entry of an appearance without challenging the court's jurisdiction constitutes an implied choice-of-court agreement. The rule can also apply against the claimant. If the defendant claims set-off and the claimant contests the substance of that claim without challenging the jurisdiction of the court regarding the claim to be set off, that fact alone will confer jurisdiction.