Part I General and Introductory, 6 Conflict of Instruments
From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Trevor C Hartley
- Conflict of instruments — Jurisdictional and choice of court agreements — Jurisdiction under the Brussels-Lugano Regime — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Brussels II Regulation — Jurisdiction under the Lugano Convention — Jurisdiction under the traditional rules
This chapter examines conflicts between Brussels 2012, Lugano 2007, and the Hague Convention. Situations may arise wherein two or all three of the instruments may be applicable according to their terms in a given case. The main question is which one prevails. The chapter first considers the instrument that courts of an EU State should apply in the event that both Brussels 2012 and Lugano 2007 apply according to their terms. It then looks at conflicts between Brussels 2012 and Hague. Since Hague has only limited scope — it only applies to choice-of-court agreements and then only if the designated court is in a State Party to Hague — conflicts with other instruments will be not be common. Conflicts between Lugano 2007 and Hague will arise only if Hague is ratified by one of more of the Lugano States — Iceland, Norway, or Switzerland. If such conflicts do occur, they will be resolved according to the rules set out in Hague, Article 26, paragraphs 1 to 5.