Litigation and Jurisdiction

Who has the official power to make legal decisions and judgements?

Definition of “cross-border litigation”

Refers to legal conflicts arising between parties based in different jurisdictions.

Definition of “jurisdiction”

The official power to make legal decisions and judgements.

What does the “Brussels Regulation” provide?

General rules with respect to jurisdiction.

What is the basic principle of the “Brussels regime”?

The courts of the EU member state in which the defendant is domiciled will have jurisdiction to hear the dispute, regardless of the defendant’s nationality.

The Brussels Regulation do not apply to what? (8)

• matrimonial property rights

• wills and succession

• bankruptcy & insolvency

• arbitration

• matters of public law

• social security

• maintenance obligations

What is the hierarchy of jurisdiction in the Brussels regime?

1. Exclusive jurisdiction

2. Jurisdiction agreement

3. Voluntary submission

4. Special jurisdiction

5. Default basis

What is the default position?

MS domicile of defendant.

What is exclusive jurisdiction?

(Art 24) - the following courts of a MS shall have exclusive jurisdiction, regardless of the domicile of the parties.

What is jurisdiction agreement?

(Art 25) - If parties agree that a court in a Member State has jurisdiction over disputes related to a legal relationship, that court has jurisdiction - unless the agreement is substantively invalid under that Member State’s law.

What is voluntary submission?

(Art 26) - A court of a MS, before which a defendant enters an appearance will have jurisdiction.

When does voluntary submission not apply?

Where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of article 24.

What is special jurisdiction?

(Art 7-23) - Specific rules for different types of cases such as consumer contracts and employment contracts.

Why does Brussels Regulation not apply to England & Wales?

Determined by:

• Hague Convention (if exclusively chosen)

• English common law rules

• CPR 6.33 that allows claims to be served from outside of the UK.

When would Brussels Regulation apply to England & Wales?

• Proceedings were started on or before 31 Dec 2020, and

• The defendant is domiciled in an EU or EFTA state, or

• The case has another strong European connection.

Translate “Forum Non Conveniens”

The court is not a convenient of suitable place to hear this case.

What does the doctrine of “Forum Non Conveniens” allow?

Allows a court to refuse to hear a case if there is another court or jurisdiction that is more appropriate or convenient for the case to be tried.