Guy Pendell

ARCHIVED: This Practice Note considers the Lugano Convention 2007 and the general rule when dealing with issues of jurisdiction. It then considers the exceptions to that rule.

ARCHIVED: This Practice Note considers the provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007) dealing with issues of insurance, consumer and employment claims.

ARCHIVED: This Practice Note considers the general provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It looks at the effects of a jurisdiction agreement under Article 23 and then sets out the requirements for a valid jurisdiction agreement under Article 23. It then goes on to specifically consider the requirement for the agreement to be in writing or evidence in writing as well as situations in which the jurisdiction agreement is in a form which accord with the parties’ established practices or is in a form which accords with a widely known usage. The Practice Note considers exclusive and non-exclusive jurisdiction agreements and what parties must prove when seeking to rely on a jurisdiction agreements. Protection for weaker parties in insurance, employment and consumer contracts are also covered along with the position when dealing with trusts and also the position under Article 24 where a defendant enters an appearance before a Member State court. Finally, this Practice Note discusses the implications for the application of Article 23 and 24 (which apply regardless of domicile of the parties) once the UK is no longer bound by the convention as a result of its membership of the EU and is a so called third state for the purposes of the application of the convention.

ARCHIVED: This Practice Note considers the rules in the Lugano Convention 2007 relating to multiple proceedings. This covers both parallel and related proceedings and considers the approach where other proceedings have been commenced in a non-convention state.

ARCHIVED: This Practice Note considers the provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007) dealing with issues of special and exclusive jurisdiction. This covers Article 5, which deals with, among other things, contract and tort claims, Article 6, which covers issues such as dealing with multiple defendants, third parties or counterclaims. It also considers the different categories of claims that fall within Article 22 under which the courts of a contracting state will have exclusive jurisdiction. Finally, this Practice Note discusses the implications for the application of Article 22 (which applies regardless of domicile of the parties) once the UK is no longer bound by the convention as a result of its membership of the EU and becomes a so called third state for the purposes of the application of the convention.