4 Service and Jurisdiction
James J. Fawcett
- EU Service Regulation — Jurisdiction and subject matter connection with England — Injunctions to restrain proceedings abroad — Forum non conveniens — Jurisdictional immunities — Jurisdiction under the Brussels I Regulation — Choice of law clauses — Jurisdiction clauses
4.01 It is well established in all systems of private international law that the manner of effecting service of originating process on a defendant is governed by the law of the forum court. Indeed, the basic common law rule of personal jurisdiction is that a defendant will be subject to local jurisdiction where he or she has been served with originating process while present in the forum.1 In determining whether the defendant has in fact been ‘served’, the forum court will apply its own procedural rules. However, the question of whether the parties have entered...