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Agreements on Jurisdiction and Choice of Law by Briggs, Adrian (20th March 2008)

7 Jurisdiction Agreements: Brussels I Regulation

From: Agreements on Jurisdiction and Choice of Law

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 November 2019

Subject(s):
Jurisdiction under the Brussels I Regulation — Article 23 — Jurisdiction and the English courts — Injunctions to restrain proceedings — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Parties to litigation — Burden of proof — Validity of contract — Contractual obligations
7.01 The tension between jurisdiction as contract law and jurisdiction as public law is at its most acute when we come to examine Article 23 of the Brussels I Regulation, the current version of what was previously Article 17 of the Brussels and Lugano Conventions. The untidiness of the cases reflects this. This chapter will seek to chart a course for future development of the law which reflects the principles which have emerged, but which also distances itself from decisions which appear to lead nowhere. The point of departure is rather discouraging. A candid...
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