Part II Which Instrument?, 5 International 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
- International Scope — Territorial Applications — Jurisdictional and choice of court agreements — Contract — Limitations on jurisdiction — Jurisdiction under the Brussels-Lugano Regime — Judgments from courts of a member state — Procedural objections to proceedings — Recognition and enforcement of foreign judgments — Jurisdiction under the Lugano Convention
5.01 In this chapter, we deal with limitations of scope which are of an international nature. 5.02 The first question is the location of the chosen court. 5.03 The Brussels Regulation (2000 and 2012) applies only if the chosen court is in a Member State: it speaks of a choice-of-court agreement designating “a court or the courts of a Member State”.1 The Lugano Convention broadens this by including courts of Lugano countries: it speaks of “a court or the courts of a State bound by this Convention”.2 Taken together, these provisions cover choice-of-court clauses...