Brussels Regulation Recast (1215/2012).
Apply the rules of jurisdiction to cases involving Defendant inside EU and advise client of appropriate jurisdiction
It is possible to seek interim relief such as injunction in the courts of any MS in aid of proceedings being taken elsewhere in the EU if it is just and convenient to do so (client gets a choice if more than one article is satisfied)
Is it a Civil or Commercial Matter? (Art 1) Brussels regulations does not apply to:
Client who enters into agreement whereby all disputes will be resolved by arbitration England has by-passed the Brussels Regulation (recast) (Recital 12) – does not prevent courts from determining if arbitration clause operative | |||
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YES | |||
Is there exclusive jurisdiction? (Art 24) Parties cannot alter the rules by agreement and do not have option of suing in D’s local courts for the following:
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NO | |||
Has there been submission to a particular jurisdiction? (Art 26) If D voluntarily submits to the jurisdiction of a foreign court then irrespective of 1215/2012 that court will usually be entitled to deal with case
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NO | |||
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BASIC RULE – Where is D domiciled/have its seat? (Art 4)
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Contract (Art7(1))
| Tort (Art 7(3))
| Branch (Art 7(5))
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The UK Convention:
UK convention (deals with Scottish and English courts) Sch 4 CJJA 1982 [ same rules as Brussels Regulation Recast apart from]
IP rights are not civil and commercial matters and disputes are subject to common law rules which apply to rest of the world
No special rules on insurance contracts
Does not require jurisdiction agreements to be written, they may also be oral
2007 Lugano Convention
non-EU Western European countries of Iceland, Norway and Switzerland
Excludes the Channel Islands, Isle of Man (not part of UK or EU).
The following questions can be used to determine if the court/s of a Member State of the EU has jurisdiction under the Brussels Regulation...