Part II Which Instrument?, 4 Subject-Matter Scope
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Subject-matter scope — Choice of court and consumer contracts — Choice of court and employment contracts — Jurisdictional agreements and the common law — Marriage — Children — Employment contracts — Contracts of carriage — Consumer contracts — Contractual obligations — Damages — Jurisdiction and consent to English jurisdiction — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Common law recognition
4.01 “Subject-matter scope” refers to the scope covered by a measure as regards its subject-matter, that is to say the branches and areas of the law to which it applies. In the case of the instruments with which we are concerned, the relevant provisions are contained in Article 1 of the Brussels Regulation (2000 and 2012) and Lugano Convention, and Articles 1 and 2 of the Hague Convention. 4.02 The structure of all four instruments is similar. All begin with the statement that the instrument applies in civil or commercial matters; they then specify certain...