Part II Which Instrument?, 6 Conflict of Instruments
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
- Conflict of instruments — Contractual agreements on jurisdiction — Choice of court and insurance — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Jurisdiction in insurance contracts — Jurisdiction under the Brussels-Lugano Regime — Judgments from courts of a member state — Court proceedings — Capacity of parties — Contract
6.01 We have seen in previous chapters that there are many situations which fall outside the scope of some or all of the instruments. However, there could be other situations which fall within the scope of two or even all of them. In such situations, a conflict of instruments could arise. How is a court to decide which applies? This is the subject of the present chapter. In the discussion that follows, we will assume (unless otherwise stated) that the case falls within the scope of the instruments in question. 6.02 We first consider conflicts between the Brussels...