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...
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