Part III Jurisdiction, Foreign Judgments and Awards, 11 Jurisdiction Under the Brussels/Lugano System
Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara WalkerEdited By: Paul Torremans, James J. Fawcett
- Choice of law clauses — Jurisdiction under the Brussels-Lugano Regime — Jurisdiction under the Brussels I Regulation — Jurisdiction under the Lugano Convention
This chapter examines the jurisdiction of the English courts under the Brussels/Lugano system (the Brussels I Recast, the EC/Denmark Agreement, the Brussels Convention, and the Lugano Convention) and under the modified version of the Brussels I Regulation (Modified Regulation). It first provides an overview of the history and interpretation of the Brussels/Lugano system and the Modified Regulation before turning to the Brussels I Recast, discussing in particular the definition of domicile and the conditions under which the Brussels I Recast applies. It then considers the bases of jurisdiction under the Brussels I Recast, along with various provisions of the Brussels I Regulation relating to jurisdiction and stays of action. It also explores the provisions of the Brussels Convention, the Lugano Convention, and the Hague Convention on Choice of Court Agreements. Finally, it analyses the issue of allocating jurisdiction within the UK under the Modified Regulation.