Civil jurisdiction and judgments / by Adrian Briggs, Professor of Private International Law, Oxford University, Sir Richard Gozney Fellow and Tutor in Law, St Edmund Hall, Oxford, Barrister, Blackstone Chambers, Temple.
2015
KD681.J87 B752 2015 (Map It)
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Details
Author
Title
Civil jurisdiction and judgments / by Adrian Briggs, Professor of Private International Law, Oxford University, Sir Richard Gozney Fellow and Tutor in Law, St Edmund Hall, Oxford, Barrister, Blackstone Chambers, Temple.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Informa Law from Routledge, [2015]
Call Number
KD681.J87 B752 2015
Edition
Sixth edition.
ISBN
9781138825604 (hbk.)
1138825603 (hbk.)
9781315736303 (ebk.)
1315736306 (ebook)
9781315736303 (ebook)
1138825603 (hbk.)
9781315736303 (ebk.)
1315736306 (ebook)
9781315736303 (ebook)
Description
xc, 897 pages ; 26 cm.
System Control No.
(OCoLC)897042264
Note
Includes index.
Record Appears in
Table of Contents
Preface
xxix
Table of Cases
xxxi
Table of Statutes
lxxii
Table of Statutory Instruments
lxxvii
Table of Civil Procedure Rules
lxxx
Table of European Legislation
lxxxiii
ch. 1
Introduction
1
Nature of the subject and scheme of the book
1
1.01.
General introduction
1
English common law and common European law
3
1.02.
General
3
1.03.
Relationship between jurisdictional systems
4
Primary sources of the law
5
1.04.
The Conventions
5
1.05.
The Brussels Convention
7
1.06.
Accession of Denmark, Ireland and the United Kingdom
7
1.07.
Accession of the Hellenic Republic
7
1.08.
Accession of Portugal and Spain
8
1.09.
Accession Austria, Finland and Sweden
8
1.10.
The Lugano Convention
8
1.11.
The Brussels Regulation: Regulation (EC) 44/2001
9
1.12.
The Lugano II Convention
9
1.13.
The Brussels Regulation `recast': Regulation 1215/2012
10
Secondary sources of the law
10
1.14.
General
10
1.15.
Official Reports on the Brussels and Lugano Conventions
11
1.16.
References to the European Court for a preliminary ruling
11
1.17.
The authority of decided cases
13
1.18.
Academic sources
14
Human rights and discrimination
14
1.19.
European Union law and the Human Rights Act
14
1.20.
The European Convention on Human Rights
16
1.21.
Article 6 of the ECHR and the right to a fair hearing
18
ch. 2
Jurisdiction Under The Brussels I Regulation
23
Introductory matters
23
2.01.
General
23
2.02.
General principles of interpretation of the Regulation
26
2.03.
The terms of the Regulation are given an equal and uniform interpretation
26
2.04.
The nature of autonomous interpretation
28
2.05.
A purposive interpretation of the Regulation
28
2.06.
Where the Regulation has general rules and exceptions, the latter are construed narrowly
29
2.07.
Interpretation must help keep the risk of irreconcilable decisions to a minimum
31
2.08.
Interpretation should promote legal certainty, predictability and proximity
31
2.09.
All national courts are of equal authority, and none has institutional superiority
33
2.10.
The hierarchy of jurisdictional rules
34
2.11.
Disputing the jurisdiction of the English court
39
2.12.
The need to be first to commence proceedings
39
2.13.
Prospective claimant
40
2.14.
Prospective defendant
41
2.15.
The absence of other means of preventing a court from exercising jurisdiction
43
2.16.
Bringing substantive proceedings notwithstanding those in another court
43
2.17.
Application for an injunction to restrain the bringing of proceedings in other Member States
45
2.18.
Bringing proceedings in a non-Member State
47
2.19.
What a defendant should do if served with process in a case to which the Regulation applies
47
2.20.
What a claimant may do if the defendant does not enter an appearance
48
2.21.
The nature of the jurisdictional rules of the Regulation
49
2.22.
The hierarchy of jurisdictional rules established by the Regulation
51
(1).
The domain or scope of the Brussels I Regulation
51
2.23.
General
51
2.24.
Temporal, geographical, personal and international scope of the Regulation
51
2.25.
Temporal scope
51
2.26.
Geographical scope
52
2.27.
Personal scope
53
2.28.
International scope
53
2.29.
Material scope of the Regulation: Article 1
56
2.30.
Matters excluded from the Regulation: broad, neutral or narrow interpretation
57
2.31.
Civil and commercial matters: proceedings brought by public authorities against private parties
59
2.32.
Civil and commercial matters: proceedings brought by private parties against private parties
63
2.33.
Civil and commercial matters: proceedings brought against public bodies
64
2.34.
Civil and commercial matters: proceedings brought against private persons exercising public functions
66
2.35.
Civil and commercial matters: the activity from which the claim arises
67
2.36.
Civil and commercial matters: excluded matters which arise only incidentally
68
2.37.
Civil and commercial matters: the principle that the greater includes the less, or the `umbrella' principle
69
2.38.
Matters specifically excluded from the domain of the Regulation by Article 1
71
2.39.
Matters of personal capacity and status, family property and succession
71
2.40.
Bankruptcy and insolvency
73
2.41.
Social security
76
2.42.
Arbitration: the broad principle
77
2.43.
Arbitration and Regulation 44/2001: problems of interpretation and application
78
2.44.
Arbitration and Regulation 1215/2012
80
2.45.
Conclusion
81
(2).
Jurisdiction under another Convention or instrument
82
2.46.
General
82
2.47.
Conventions on particular matters
82
2.48.
Incorporation by reference of jurisdiction authorised by a particular Convention
84
2.49.
Particular Conventions with jurisdictional privilege
86
2.50.
Maritime and other Conventions
87
2.51.
The European Convention on Human Rights as an Article
71
Convention
88
2.52.
Other Union leges speciales
89
2.53.
Conclusion
91
(3).
Exclusive jurisdiction, regardless of domicile
92
2.54.
General
92
2.55.
Title to, and tenancies of, immovable properties in a Member State: Article 24(1)
93
2.56.
Proceedings having as their object rights in rem in immovable property
94
2.57.
Claims based on personal obligations relating to land
96
2.58.
A dispute which requires the application of principles of land law
98
2.59.
Proceedings having as their object tenancies of immovable property
99
2.60.
Proceedings in which Article 24(1) is prompted by the defence, not the claim
101
2.61.
Short private lettings: concurrent exclusive jurisdiction
102
2.62.
Immovable property in the United Kingdom
103
2.63.
Immovable property in a non-Member State
103
2.64.
Companies with their seat in a Member State: Article 24(2)
104
2.65.
General
104
2.66.
The issue of corporate validity as the principal element in the proceedings
105
2.67.
The jurisdictional effect of imperfections in corporate decision-taking
105
2.68.
The identification of the seat of the company
107
2.69.
Company with seat in the United Kingdom
108
2.70.
Validity of entries in public registers: Article 24(3)
108
2.71.
Registers in the United Kingdom
109
2.72.
Intellectual property rights registered in Member States: Article 24(4)
110
2.73.
General
110
2.74.
Invalidity raised as a defence to an infringement claim
111
2.75.
Claims involving multiple national patents
112
2.76.
Deposit or registration in the United Kingdom
114
2.77.
Enforcement of judgments from the courts of Member States: Article 24(5)
114
2.78.
General
115
2.79.
Orders made in relation to judgments from other Member States
115
2.80.
Enforcement orders made in aid of English judgments
116
2.81.
Judgments from non-Member States
119
2.82.
Enforcement of judgments from courts of other Member States in the United Kingdom
119
2.83.
Article 24 and connections which would point to a non-Member State
119
2.84.
Conclusion
120
(4).
Jurisdiction by entering an appearance
120
2.85.
General
120
2.86.
Entering an appearance, rather than submission
121
2.87.
Contesting the jurisdiction of the court: principles
122
2.88.
Contesting the jurisdiction of the court: procedure
125
2.89.
Appearance by insured, consumer or employee
125
2.90.
Conclusion
125
(5).
Jurisdictional privilege in matters relating to insurance
125
2.91.
General
125
2.92.
Structure and importance of Section 3 of Chapter II
126
2.93.
Professional and non-professional insurance relationships
128
2.94.
General jurisdictional rules: Articles 11 to 14
129
2.95.
Agreements on choice of court: Articles 15 and 16
131
2.96.
International jurisdiction in the courts of the United Kingdom
133
2.97.
Conclusion
134
(6).
Jurisdictional privilege in matters relating to certain consumer contracts
134
2.98.
General
134
2.99.
General scope and purpose of Section 4 of Chapter II
135
2.100.
The parties to the contract and to the litigation: Article 17
136
2.101.
The purpose for which the contract was made
138
2.102.
Contracts made for mixed purposes
140
2.103.
The three classes of contract to which the Section applies
141
2.104.
Contracts of sale on instalment credit terms
141
2.105.
Contracts made to finance the sale of goods
141
2.106.
Contracts made with those who direct activity to, or pursue activity in, Member States
142
2.107.
Matters relating to a contract: `congratulations, you have won a prize' cases
145
2.108.
Matters relating to a contract: rescission and repayment claims
146
2.109.
Jurisdictional rates: Article 18
147
2.110.
Agreement on choice of court: Article 19
148
2.111.
Further legislative provision for small claims
149
2.112.
International jurisdiction in the courts of the United Kingdom
150
2.113.
Conclusion
150
(7).
Jurisdictional privilege and contracts of employment
150
2.114.
General
150
2.115.
General scope and purpose of Section 5 of Chapter II
151
2.116.
The working relationships to which Section 5 of Chapter II applies
152
2.117.
Former employment
154
2.118.
The relationship between the claim and the employment
154
2.119.
Jurisdictional rules: Articles 20 to 23
155
2.120.
Employment in more than one Member State
156
2.121.
Agreements on jurisdiction
159
2.122.
International jurisdiction in the courts of the United Kingdom
160
2.123.
Conclusion
161
(8).
Agreements on jurisdiction for courts of Member States
161
2.124.
General
161
2.125.
The general effect of an agreement on jurisdiction
162
2.126.
Managing jurisdictional disputes: agreement for English court
164
2.127.
Managing jurisdictional disputes involving an agreement for the courts of a Member State
166
2.128.
The nature of agreement on the jurisdiction of courts: prior to 2015
168
2.129.
The nature of agreement on the jurisdiction of courts: after 2015
170
2.130.
Formal requirements for an agreement on jurisdiction: general
171
2.131.
Agreement of the party to be bound, in writing, or evidenced in writing
172
2.132.
Agreement according with the parties' established practices
175
2.133.
Agreement according with the practices of international trade
176
2.134.
Agreement to jurisdiction incorporated from one document into another
176
2.135.
Article 25 and strangers to the original agreement
178
2.136.
The possibility of `lifting the veil of incorporation' and then applying Article 25
180
2.137.
Subrogation by insurers and the effect of agreements made by their insured
182
2.138.
Content of the jurisdiction agreement: choosing the courts of two Member States
183
2.139.
Content of the jurisdiction agreement: non-exclusive jurisdiction
184
2.140.
Content of the jurisdiction agreement: lop-sided agreements
185
2.141.
Content of the jurisdiction agreement: non-geographical designation of court
186
2.142.
Content of the jurisdiction agreement: the courts of the United Kingdom
187
2.143.
Content of the jurisdiction agreement: the courts of a non-Member State
189
2.144.
Content of the jurisdiction agreement: the disputes falling within its scope
189
2.145.
Challenges to the formal sufficiency of the jurisdiction agreement and the (non--)role of national law
190
2.146.
Challenges to the substantive validity of the jurisdiction agreement: national law
191
2.147.
Agreements on jurisdiction in trust instruments
194
2.148.
Jurisdiction by agreement derived from other contractual terms
194
2.149.
Conclusion
195
(9).
General jurisdiction over defendants domiciled in the United Kingdom
195
2.150.
General
195
2.151.
Scope and effect of general jurisdiction
195
2.152.
The determination of a defendant's domicile
197
2.153.
Domicile in the United Kingdom: individuals
198
2.154.
Domicile of corporations and associations: scheme and purpose
199
2.155.
Domicile of companies or associations for general jurisdictional purposes
200
2.156.
Seat of company or association for purpose of Article 24(2)
201
2.157.
Deemed domicile of non-Member State insurers, suppliers and employers
202
2.158.
Domicile of trusts
203
2.159.
Domicile of the Crown
204
2.160.
Conclusions
204
(10).
Special jurisdiction over a defendant domiciled in another Member State
204
2.161.
General
204
2.162.
Special jurisdiction under Article 7
205
2.163.
Relationship to questions of applicable law
206
2.164.
Special jurisdiction in matters relating to a contract: Article 7(1)
207
2.165.
Development of special jurisdiction in matters relating to a contract
207
2.166.
Matters relating to a contract: development of an autonomous definition
209
2.167.
The decision in Handte: claims involving strangers to the agreement
211
2.168.
The decision in Handte: the nature of undertakings freely entered into
213
2.169.
Matters relating to a contract: one party disputing the existence of a contract
214
2.170.
Matters relating to a contract: voidable contracts and `void contracts'
215
2.171.
Matters relating to a contract: tortious misconduct by contracting parties
217
2.172.
Matters relating to a contract: unjust enrichment and similar causes of action
219
2.173.
The obligation in question which points to special jurisdiction
220
2.174.
Identifying the contract as one for the sale of goods
221
2.175.
Identifying the contract as one for the provision of services
222
2.176.
Definition of the obligation in question in contracts of sale and provision of services
224
2.177.
Definition of the obligation in question when the contract is not sale or provision of services: Article 7(1)(a)
226
2.178.
Locating the place of performance of the obligation in question for contracts falling under Article 7(1)(a)
228
2.179.
Locating the place of performance of the obligation in question for contracts falling under Article 7(1)(b)
230
2.180.
Concentrating the place of performance of the obligation under Article 7(1)(b) when the services are provided in several Member States
232
2.181.
Concentrating the place of performance of the obligation under Article 7(1)(b) when the goods are to be delivered in several places
233
2.182.
Concentrating the place of performance of the obligation under Article 7(1)(a) when the obligation in question is to be performed in several places
234
2.183.
Locating the place of performance if one of the places indicated is in a non-Member State
235
2.184.
Joinder of contractual and non-contractual claims in the same proceedings
236
2.185.
International jurisdiction in the United Kingdom
238
2.186.
Special jurisdiction in matters relating to tort, delict and quasi-delict: Article 7(2)
238
2.187.
Matters relating to tort, delict or quasi-delict: introduction
238
2.188.
Matters relating to tort, delict or quasi-delict: the decision in Kalfelis and the meaning of liability
239
2.189.
Matters relating to tort, delict or quasi-delict: subsequent jurisprudence of the Court
241
2.190.
Matters relating to tort, delict or quasi-delict: the relationship between Article 7(2) and the Rome II Regulation
244
2.191.
Matters relating to tort, delict or quasi-delict: pre-contractual liability, and proceedings which find fault with the making of a contract
245
2.192.
Matters relating to tort, delict or quasi-delict: concurrent causes of action and the relationship between Articles 7(1) and 7(2)
247
2.193.
Matters relating to tort, delict or quasi-delict: obligations based on a duty of care
247
2.194.
Matters relating to tort, delict or quasi-delict: claims against professional providers of services
248
2.195.
Matters relating to tort, delict or quasi-delict: claims in tort answered by contractual defences
249
2.196.
Matters relating to tort, delict or quasi-delict: equitable obligation
249
2.197.
Matters relating to tort, delict or quasi-delict: unjust enrichment
250
2.198.
Matters relating to tort, delict or quasi-delict: product liability
250
2.199.
The harmful event: general interpretation
250
2.200.
The harmful event and proceedings for declaratory
252
2.201.
The damage limb of Bier: the damage which is relevant and that which is not
255
2.202.
The damage limb of flier: locating the place where the damage occurred
255
2.203.
The damage limb of Bier, locating the place where pure financial occurred
256
2.204.
The damage limb of Bier: damage occurring or loss arising in several Member States
261
2.205.
The `causal event' limb of Bier: uniform interpretation at the event giving rise to the damage
263
2.206.
The `causal event' limb of Bier: the significant event at the beginning of the story
264
2.207.
The `causal event' limb of liter, the person whoso mi or omission is material
266
2.208.
No `accessory' special jurisdiction under Article 7(2)
266
2.209.
Special jurisdiction in respect of threatened or anticipated torts
267
2.210.
International jurisdiction in the English court
267
2.211.
Special jurisdiction over civil claims raised in cultural cases: Article 7(3)
268
2.212.
Special jurisdiction over civil claims to recover a cultural object: Article 7(4)
268
2.213.
Special jurisdiction over a defendant operating through a branch or agency: Article 7(5)
269
2.214.
General
269
2.215.
Branch, agency or other establishment
270
2.216.
Dispute arising from the operations of the branch agency or establishment
272
2.217.
International jurisdiction in the English court
273
2.218.
Special jurisdiction over a trustee, beneficiary or sued as such: Article 7(6)
273
2.219.
General
273
2.220.
Trusts domiciled in the United Kingdom
274
2.221.
The nature of the proceedings falling within Article 7(6)
274
2.222.
Jurisdiction over payment in respect of salvage claims: Article 7(7)
275
2.223.
Special jurisdiction under Article 8
276
2.224.
General approach to Article 8
276
2.225.
Special jurisdiction over co-defendants Article 8(1)
276
2.226.
General
277
2.227.
The claim against the `anchor' defendant: jurisdicational basis
278
2.228.
The nature of the claim against the `anchor' defendant
279
2.229.
The nature and degree of connection between the claims against the defendants
281
2.230.
The connection between the claims against the defendants in cases concerned with intellectual property rights
285
2.231.
Proceedings brought against a defendant designed to remove a co-defendant from the court otherwise competent over him
286
2.232.
International jurisdiction in the courts of the United Kingdom
288
2.233.
Special jurisdiction over claims against third parties: Article 8(2)
288
2.234.
Jurisdiction in the main proceedings
289
2.235.
Jurisdiction over the third party
290
2.236.
Proceedings brought to remove the third party from the courts of his domicile
290
2.237.
The types of proceedings falling within Article 8(2)
291
2.238.
The discretion to decline to exercise jurisdiction under Article 8(2)
292
2.239.
Proceedings in the English court
293
2.240.
Special jurisdiction over counterclaims: Article 8(3)
293
2.241.
General
294
2.242.
The nature of a counterclaim
294
2.243.
Proceedings in the English court
295
2.244.
Special jurisdiction in personal claims connected to proceedings in rem relating to land: Article 8(4)
295
2.245.
Land in the United Kingdom
296
2.246.
Special jurisdiction to limit liability resulting from use of a ship: Article 9
296
2.247.
Conclusion
296
(11).
Residual jurisdiction over defendant not having a domicile in a Member State
297
2.248.
General
297
2.249.
Residual jurisdiction
297
2.250.
Consequences of taking jurisdiction on the basis of the residual rules
298
2.251.
Service of process on the defendant in cases to which the residual rules apply
299
(12).
Jurisdiction to order provisional or protective relief
299
2.252.
General
299
2.253.
The operation of Article 35
300
(13).
Examination of jurisdiction in certain circumstances
300
2.254.
General
300
2.255.
Examination of jurisdiction to check for exclusive jurisdiction: Article 27
300
2.256.
The nature of the examination required of the court
300
2.257.
Examination of jurisdiction where the defendant does not appear: Article 28
301
2.258.
The nature of the examination required of the court
301
2.259.
Conclusion
304
(14).
Lis pendens in another Member State
304
2.260.
The general effect of a lis pendens in another Member State: Articles 29 to 32
304
2.261.
Possible consequences of lis alibi pendens
304
2.262.
Identical proceedings pending before court in another Member State Article 29
305
2.263.
General approach to Article 29: duty of the court seised second
306
2.264.
General approach to Article 29: duly of the court seised first
307
2.265.
The same cause of action under Article 29: identity of object and identity of cause
309
2.266.
The same cause of action: examples and complexity in identity of object and identity of cause
311
2.267.
The same parties under Article 29: identity of parties
313
2.268.
Date on which a court is seised: background
315
2.269.
A uniform approach to the date of seism for the purpose of the Regulation
317
2.270.
The date of seisin: multiple defendants
320
2.271.
Problems arising from the amendment of pleadings
320
2.272.
Court ceasing to be seised or staying its proceedings
324
2.273.
The court seised second considers that it has general, special or residual jurisdiction and that the court seised first does not have jurisdiction
328
2.274.
The court seised second believes it has exclusive jurisdiction regardless of domicile and that the court seised first does not
328
2.275.
The court seised second believes it has exclusive jurisdiction on the basis of Sections 3, 4, or 5 of Chapter II and that the court seised first does not
329
2.276.
The court seised second believes it has exclusive jurisdiction on the basis of prorogation by agreement and the court seised first does
330
2.277.
The effect of Article 31 of Regulation 1215/2012
331
2.278.
The court which is seised is informed by the parties that Article 29 is not an impediment to its jurisdiction
332
2.279.
The duty of the court seised first and the power of case management
333
2.280.
Court seised first in another part of the United Kingdom
334
2.281.
Related action in another Member State: Article 30
335
2.282.
General approach to Article 30
335
2.283.
Identification of actions as `related'
336
2.284.
The forms of relief which the court seised second may order
338
2.285.
If relief is to be granted, selecting between the options available to the court seised second
338
2.286.
The material date of seisin for the purpose of Article 30
340
2.287.
Concurrent exclusive jurisdictions: Article 31(1)
341
(15).
Lis pendens in, and other pointers to, a non-Member State
341
2.288.
Lis pendens in a Lugano State or a Brussels (Convention territory
341
2.289.
Lis pendens in a non-Member State: general background
341
2.290.
Proceedings involving the same cause of action pending before the courts of a non-Member State: Article 33
342
2.291.
Background to Article 33
342
2.292.
Application of Article 33
344
2.293.
Assessment of the interests of justice
344
2.294.
Problems associated with the status of the foreign judgment
345
2.295.
Lifting the stay
347
2.296.
Related proceedings pending before the courts of a non-Member State: Article 34
347
2.297.
Operation of Article 34
347
2.298.
Pointers to the courts of a non-Member State in which proceedings have not been instituted and are not pending: the question which needs to be answered
348
2.299.
Judicial discretion to decline to exercise jurisdiction conferred by the Regulation
348
2.300.
Some arguments for and against the existence of jurisdictional discretion
349
2.301.
The nature of jurisdictional rules made by the Regulation
350
2.302.
A broad brush answer or a series of separate questions?
351
2.303.
Court has general jurisdiction but a more appropriate forum is in another Member State
352
2.304.
Court has general jurisdiction but a more appropriate forum is in a non-Member State
352
2.305.
Court has general jurisdiction but a pointer to a non-Member State reflects Articles 24 and 25 of the Regulation
354
2.306.
The Lugano Opinion
355
2.307.
Court has general jurisdiction but the parties made an agreement on choice of court for a non-Member State
357
2.308.
Court has general jurisdiction but there is an `Article 24 connection' pointing to the courts of a non-Member State
359
2.309.
Court has jurisdiction based on Article 6, but there is a material connection to the courts of a non-Member State
360
2.310.
Court has jurisdiction based on Article 6, but there is a material connection to the courts of another Member State
360
2.311.
Court has jurisdiction based on Article 6, but there is a lis pendens before the courts of another Member State
361
(16).
International jurisdiction in `the United Kingdom'
362
2.312.
Allocation of national jurisdiction to a part of the United Kingdom
362
2.313.
Internal jurisdiction in non-international cases
364
2.314.
Schedule 4 to the 1982 Act: general
364
2.315.
Schedule 4 to the 1982 Act: detailed provisions
365
ch. 3
Jurisdiction Under The Lugano Ii Convention
368
3.01.
The Lugano II Convention
368
3.02.
The Brussels Convention
370
3.03.
Interpretation of the Lugano II Convention
370
3.04.
The jurisdictional rules of the Lugano II Convention
371
3.05.
(Q1) Scope of the Lugano II Convention: Lugano II Arts 1 and 63
371
3.06.
(Q2) Jurisdiction derived from other Conventions: Lugano II Art 67
372
3.07.
(Q3) Exclusive jurisdiction regardless of domicile: Lugano II Art 22
373
3.08.
(Q4) Jurisdiction by entering of an appearance: Lugano II Art 24
373
3.09.
(Q5) Privileged jurisdiction in relation to insurance: Lugano II Arts 8 to 14
373
3.10.
(Q6) Privileged jurisdiction in relation to consumer contracts: Lugano II Arts 15 to 17
373
3.11.
(Q7) Privileged jurisdiction over individual contracts of employment: Lugano II Arts 18 to 21
374
3.12.
(Q8) Agreements on jurisdiction for the courts of a Lugano State: Lugano II Art 23
374
3.13.
(Q9) Defendant domiciled in the United Kingdom: Lugano II Art 2
375
3.14.
(Q10) Special jurisdiction over defendant domiciled only in another Contracting State: Lugano II Arts 5 to 7
376
3.15.
(Q11) Residual jurisdiction over defendant without a domicile in a Contracting State: Lugano II Art 4
376
3.16.
(Q12) Jurisdiction to order provisional including protective measures: Lugano II Art 31
376
3.17.
(Q13) Examination of jurisdiction on limited grounds: Lugano II Arts 25 and 26
377
3.18.
(Q14) Lis pendens in another State to which the Convention applies: Lugano II Arts 27 to 30
377
3.19.
(Q15) Lis pendens in a State in which the Lugano II Convention does not apply; and other points of contact with such a State
378
3.20.
(Q16) International jurisdiction given by the Conventions to the courts of the United Kingdom
378
ch. 4
The Common Law Rules Of Jurisdiction
379
Introductory matters
379
4.01.
Introduction
379
The common law principles of jurisdiction
380
4.02.
General
380
4.03.
Consequences of service effected within the jurisdiction
382
4.04.
Service out of the jurisdiction
382
4.05.
Cases where jurisdiction at common law does not and cannot exist
383
4.06.
Claims which depend on showing title to foreign land: the Mocambique rule
383
4.07.
Exceptions to the Mocambique rule (1): enforcing personal obligations ancillary to the land
385
4.08.
Exceptions to the Mozambique rule (2): claims based on tort or trespass to foreign land
385
4.09.
Jurisdiction over claims which turn on the validity of foreign intellectual property rights
387
4.10.
Jurisdiction over claims which require a court to enforce a foreign penal, revenue or public law of an analogous kind
388
4.11.
Jurisdiction denied by general principles of public international law
389
4.12.
Jurisdiction in relation to multi-State defamation
391
Proceedings commenced by service within the jurisdiction: applying for a stay of proceedings
392
4.13.
General
392
4.14.
Legislative limitations on the general power to stay proceedings
393
4.15.
Staying proceedings: private interests and public interest
396
4.16.
Staying proceedings commenced by service within the jurisdiction: general
396
Staying proceedings on the ground of forum non conveniens
398
4.17.
General structure of the Spiliada test: two limbs to answer a single question
398
4.18.
Nature and length of applications for a stay
400
4.19.
First limb of the Spiliada test: the `availability' of the foreign forum
401
4.20.
Availability and the claimant's prospects of success on the merits
403
4.21.
Availability and the prospects of a fair trial
403
4.22.
The first limb of the Spiliada test: the `natural forum' or the `appropriate forum'
405
4.23.
The first limb of the Spiliada test: the pointers to appropriateness
406
4.24.
Appropriateness (1): personal connections of the parties
406
4.25.
Appropriateness (2): evidence in relation to the events
407
4.26.
Appropriateness (3): the law which will be applied to decide the issues raised
408
4.27.
Appropriateness (4): the effect of a lis alibi pendens
410
4.28.
Appropriateness (5): standing back to take a broader view
411
4.29.
The first limb of the Spiliada test: the consequences
413
4.30.
The second limb of the Spiliada test: whether it is unjust to stay the proceedings
413
4.31.
Pointers to injustice (1): differences in matters of law and procedure
414
4.32.
Pointers to injustice (2): differences in time bar rules
416
4.33.
Pointers to injustice (3): differences in applicable law and effect of judgments
418
4.34.
Pointers to injustice (4): claimant may win in England but will lose overseas
420
4.35.
Pointers to injustice (5): direct attacks on the integrity of foreign court
421
4.36.
The Spiliada test: relevance of the merits of the claim or the defence
423
4.37.
The Spiliada test: various responses to lit alibi pendens
424
4.38.
Time (limit) for making the application for a stay
427
4.39.
The Spiliada test: critical views
428
4.40.
Stay of proceedings on the ground of case management
431
Staying proceedings by reference to agreement on choice of court
431
4.41.
General approach
431
4.42.
Construction of the choice of court agreement: its scope, validity, and nature
433
4.43.
Scope of the choice of court agreement: the law to which the issue is referred
434
4.44.
Material scope of an agreement on choice of court governed by English law
435
4.45.
Material scope of a choice of court agreement: more complex contractual structures
437
4.46.
Scope of choice of court in one contract having effect on parties to a related contract
439
4.47.
Personal scope of choice of court agreement: privity and related issues
440
4.48.
Legal validity of the agreement on choice of court: enforceable despite the voidability or rescission of the contract in which it is contained
443
4.49.
Legal validity of the choice of court agreement: challenges to validity based on arguments specific to the agreement itself
445
4.50.
Nature of the choice of court agreement: bringing the objected-to proceedings as a breach of contract
446
4.51.
Non-exclusive agreement as optional agreement for exclusive jurisdiction
449
4.52.
Staying proceedings brought in England in a breach of contract
451
4.53.
The effect of agreements on choice of court in the context of multi-partite litigation
453
4.54.
Enforcing a choice of court agreement by an action for damages for breach
454
4.55.
Stays sought and obtained on the basis of agreements on arbitration
456
Proceedings commenced by service out of the jurisdiction without the prior permission of the court
457
4.56.
Statutory claims which allow service to be made without permission
457
Proceedings commenced by service out of the jurisdiction with the prior permission of the court
458
4.57.
General structure of the rules
458
4.58.
Jurisdiction founded on service out of the jurisdiction: position of the defendant
459
4.59.
Jurisdiction founded on service out of the jurisdiction: position of the claimant
460
4.60.
Legal basis for permission: CPR rule 6.36, and the heads of jurisdiction
462
4.61.
Strictness in the interpretation of the heads of jurisdiction
463
4.62.
Definition and interpretation of the statutory heads of jurisdiction
463
4.63.
Claims against a defendant domiciled in England: Paragraph 3.1(1)
469
4.64.
Claims for an injunction: Paragraph 3.1(2)
469
4.65.
Claims made against someone who is a necessary or proper party to a claim against another: Paragraph 3.1(3)
470
4.66.
Claims made under Part 20 of the Civil Procedure Rules: Paragraph 3.1(4)
474
4.67.
Claims for interim remedies: Paragraph 3.1(5)
475
4.68.
Claims made in respect of a contract: Paragraph 3.1(6), (7), and (8)
475
4.69.
Claims relying on sub-Paragraphs (6) and (8): the contract and its connection to England
478
4.70.
Claims relying on sub-Paragraph (7): contracts breached in England
481
4.71.
Claims made in tort: Paragraph 3.1(9)
483
4.72.
Claims made under sub-Paragraph (9): claim `made in tort' as meaning that there must be a completed cause of action?
483
4.73.
Claims relying on sub-Paragraph (9)(a): damage sustained within the jurisdiction
486
4.74.
Claims relying on sub-Paragraph (9)(b): damage resulting from act committed within the jurisdiction
488
4.75.
Claim made to enforce a judgment or arbitral award: Paragraph 3.1(10)
489
4.76.
Claim whose whole subject matter relates to property located within the jurisdiction: Paragraph 3.1(11)
489
4.77.
Claims made about trusts: Paragraph 3.1(12)
490
4.78.
Claims made in proceedings for the administration of estates: Paragraph 3.1(13)
490
4.79.
Claims made in probate proceedings: Paragraph 3.1(14)
491
4.80.
Claims made against a defendant as constructive trustee: Paragraph 3.1(15)
491
4.81.
Claims made for restitution: Paragraph 3.1(16)
492
4.82.
Claims made by HM Revenue and Customs: Paragraph 3.1(17)
493
4.83.
Claims made for costs orders in favour of or against third parties: Paragraph 3.1(18)
493
4.84.
Claims made in certain admiralty proceedings: Paragraph 3.1(19)
494
4.85.
Claims made under other enactments: Paragraph 3.1(20)
494
4.86.
The standard of proof needed to satisfy the elements of Paragraph 3.1
495
4.87.
Discretion to authorise service out of the jurisdiction: CPR rule 6.37
497
4.88.
Pointers to the exercise of discretion (1): England is the proper place to bring the claim: CPR rule 6.37(3)
497
4.89.
England as the proper place: English law as the governing law
498
4.90.
England as the proper place for the trial of the claim: other factors
500
4.91.
England as the proper place for the trial of the claim: even though England is not the natural forum for the claim
502
4.92.
The overall shape of the `proper place' or `most appropriate forum' test
504
4.93.
Pointers to the exercise of discretion (2): there is a serious issue on the merits
505
4.94.
Disputing jurisdiction and the exercise of jurisdiction: CPR Part 11
507
ch. 5
Procedural Issues Relating To Jurisdiction
508
Introductory matters
508
5.01.
Scope of this chapter
508
(A).
Serving the claim form in England and Wales
509
5.02.
Service of the claim form in the jurisdiction: general
509
5.03.
Service of the claim form within the jurisdiction: methods
510
5.04.
Service of claim form: period of validity for service
511
5.05.
Service of the claim form by personal service in England: the necessary steps and the effective date
512
5.06.
The place of service in England: general
513
5.07.
Service of claim form in England by first class post
513
5.08.
Service of claim form in England through a document exchange or other next-day delivery service
513
5.09.
Service of claim form in England by fax
514
5.10.
Service of claim form in England by other means of electronic communication
514
5.11.
Service of claim form by leaving it at a specified place in England
515
5.12.
Obtaining permission to serve the claim form by an alternative method or at an alternative place in England; deeming the sufficiency of attempts made to serve
516
5.13.
Service of claim form in England by contractually agreed method
517
5.14.
Service of claim form in England on agent of principal who is out of the jurisdiction
518
5.15.
Service of claim form in England on companies: under the Companies Acts
518
5.16.
Statutory service of claim form in England on a United Kingdom company
518
5.17.
Statutory service of claim form in England upon an overseas company
519
5.18.
Service of claim form in England in claims brought against partnerships
520
(B).
Serving the claim form outside England and Wales
521
5.19.
Service of claim form outside England and Wales, without permission
521
5.20.
Service of claim form out of the jurisdiction: uncertainty as to the need for permission
522
5.21.
Service of claim form out of the jurisdiction: outside the territory of the Member States
524
5.22.
Service of claim form out of the jurisdiction: within the territory of a Member State
526
(C).
Disputing the jurisdiction of the court
528
5.23.
General
528
5.24.
Making no response to service of the claim form
529
5.25.
Uncertainty as to the satisfaction of the basis on which the jurisdiction, pursuant to which service was made, is asserted
530
5.26.
Disputing the jurisdiction of the English court: the framework
533
5.27.
Application to dispute the jurisdiction of the court: CPR rule 11(1)(a)
534
5.28.
Disputing the jurisdiction of the English court under CPR rule 11(1)(a): other points
538
5.29.
Disputing the jurisdiction by arguing that the court should not exercise its jurisdiction: CPR rule 11(1)(b)
540
5.30.
Application by the defendant served without permission to have the claim struck out on substantive grounds
541
5.31.
Application by the claimant for summary judgment
543
(D).
Anti-suit injunctions
543
5.32.
General
543
5.33.
Jurisdiction in personam over the respondent: the general principle
545
5.34.
Jurisdiction in personam over the respondent: effect of the Brussels I Regulation
546
5.35.
Jurisdiction in personam over the respondent: where the Brussels I Regulation does not specify it
547
5.36.
Granting the injunction: principles upon which the order is made and not made
549
5.37.
Injunction to enforce legal right not to be sued in foreign court: general
551
5.38.
Injunction to enforce legal right not to be sued in foreign court: where England is not the chosen court
554
5.39.
Injunction to enforce legal right not to be sued in foreign court: appropriateness of injunctive relief
556
5.40.
Injunction to restrain commission of equitable wrong: general
557
5.41.
Injunction to restrain commission of equitable wrong: vexatious or oppressive conduct in bringing proceedings before a foreign court
559
5.42.
Injunction to restrain commission of equitable wrong: undermining the jurisdiction of the English court
562
5.43.
Injunction to restrain commission of equitable wrong: vexatious or oppressive conduct by invoking foreign procedural laws?
564
5.44.
Injunction to restrain commission of equitable wrong: vexatious or oppressive conduct by wrongfully undermining an English judgment
565
5.45.
Restraining a party to civil or commercial proceedings before the courts of another Member State
566
5.46.
The exercise of discretion: public interest factors
569
5.47.
The exercise of discretion: if the respondent can win only by suing overseas
571
5.48.
Active case management as an alternative solution
572
5.49.
Canadian and Australian authority and its irrelevance
573
5.50.
The timing of the application for an injunction
575
5.51.
Measures ancillary to a final anti-suit injunction
576
5.52.
Consequences of disobedience to an anti-suit injunction
578
(E).
Damages for wrongful litigation
578
5.53.
A cause of action for compensation for wrongful litigation
578
5.54.
Damages for breach of a jurisdiction agreement: principle
580
5.55.
Damages for breach of a jurisdiction agreement: assessment of loss
582
5.56.
Wrongful litigation before the courts of another Member State
584
5.57.
Damages for breach of a jurisdiction agreement: disentangling the twin functions of a jurisdiction agreement
585
5.58.
Damages for breach of a jurisdiction agreement: extension to breach of agreement on choice of law?
587
5.59.
Wrongful litigation which is not a breach of contract
588
(F).
Declaratory judgment on the merits of the dispute
588
5.60.
General
588
5.61.
Declaratory proceedings: jurisdiction in personam over the defendant
589
5.62.
Declaratory proceedings: jurisdiction in personam and the direct rules of the Brussels I Regulation
589
5.63.
Declaratory proceedings: jurisdiction In personam otherwise than under the direct rules of the Brussels I Regulation
590
5.64.
Declaratory proceedings: making the declaration as a matter of substantive law
591
ch. 6
Interim Remedies, Provisional Measures And Ancillary Orders
594
6.01.
General
594
6.02.
Interim remedies: the measures available from an English court
595
6.03.
Interim measures: the freezing or Mareva injunction
596
6.04.
Interim measures: the search, or Anton Piller, order
600
0.05.
Interim measures: interlocutory injunctions in general
600
6.06.
Obtaining an order granting an interim remedy: general
601
0.07.
Jurisdiction to grant interim remedies: English law
601
6.08.
Jurisdiction to grant interim remedies: the relevance of European law
602
6.09.
Relief sought in proceedings in civil or commercial matter pending before English court
603
6.10.
Relief sought in relation to proceedings in civil or commercial matter over which courts of another Member State have jurisdiction
605
0.11.
Making the order once Article 35 has opened the way: jurisdiction
609
6.12.
Making the order when Article 35 has opened the way: substance or discretion
610
6.13.
Relief sought in relation to civil or commercial matter in which no Member State court has yet been seised
612
6.14.
Relief sought in civil or commercial matter in relation to proceedings based on Article 6 and the residual rules of jurisdiction
613
6.15.
Relief sought in relation to a civil or commercial matter over which no court has jurisdiction
614
6.16.
Relief sought in relation to proceedings in a matter which is not civil or commercial
614
6.17.
Relief sought in relation to proceedings before the courts of non-Member State
614
6.18.
Interim remedies when the action is stayed
617
6.19.
Further points
618
6.20.
Measures for the taking of evidence
619
6.21.
Post-judgment orders for interim remedies and ancillary relief
620
6.22.
Precognition and enforcement of English orders in other Member States
621
6.23.
Orders for relief granted by the courts of other Member States
624
6.24.
Orders for relief from the courts of a non-Member State
625
ch. 7
Recognition And Enforcement Of Foreign Judgments
627
Introductory matters
627
7.01.
The schemes by which effect is given in England to foreign judgments
627
7.02.
Deciding which scheme or schemes of recognition and enforcement will apply
629
Judgments in civil and commercial matters from the courts of Member States: Regulation 44/2001
630
7.03.
Regulation 44/2001 or Regulation 1215/2012?
630
7.04.
Regulation 44/2001 and the recognition of judgments: general
631
7.05.
Regulation 44/2001 and judgment debtors not domiciled in a Member State
632
7.06.
Recognition of the judgment under Regulation 44/2001: Articles 32 to 37
634
7.07.
A judgment from a court in a Member State: Article 32 of Regulation 44/2001
635
7.08.
A judgment in a civil or commercial matter: Article 1 of Regulation 44/2001
639
7.09.
Judgments given in the context of arbitration under Regulation 44/2001
640
7.10.
Recognition refused for jurisdictional reasons: Article 35 of Regulation 44/2001
644
7.11.
Effect under Regulation 44/2001 of judgment in breach of dispute-resolution agreement
647
7.12.
Recognition refused for non-jurisdictional reasons: Article 34 of Regulation 44/2001
648
7.13.
Recognition refused on grounds of public policy: Article 34(1) of Regulation 44/2001
649
7.14.
Public policy and the right to a fair trial
651
7.15.
Public policy and judgments obtained by fraud
654
7.16.
Public policy and breach of agreements for the resolution of disputes
654
7.17.
Recognition refused in certain cases of judgment given in default of appearance: Article 34(2) of Regulation 44/2001
655
7.18.
The documents whose service will start the clock running
657
7.19.
The period of time which the defendant had to prevent default judgment
658
7.20.
The effect of irregularity in service
658
7.21.
Unreasonably failing to challenge the judgment after the event
660
7.22.
Recognition refused because judgment irreconcilable with court's own judgment: Article 34(3) of Regulation 44/2001
661
7.23.
Recognition refused because judgment irreconcilable with earlier foreign judgment which is recognised: Article 34(4) of Regulation 44/2001
663
7.24.
Recognition and the consequences of recognition
664
7.25.
Recognition under Regulation 44/2001 as the basis for issue estoppel
666
7.26.
Enforcing a judgment to which Regulation 44/2001 applies: Articles 38 to 52
668
7.27.
Ex parte stage of the procedure under Regulation 44/2001: application for registration of the judgment for enforcement: Articles 38 to 42
669
7.28.
Inter partes stage of the procedure under Regulation 44/2001: appeals and further appeals by the party disappointed at the first stage: Articles 43 to 47
671
7.29.
Miscellaneous further points concerning enforcement under Regulation 44/2001
673
7.30.
Authentic instruments and court-approved settlements under Regulation 44/2001
675
Judgments within the scope of Regulation 44/2001 certified for enforcement with a European enforcement order
676
7.31.
General
676
7.32.
Certification for enforcement in accordance with Regulation 805/2004
677
7.33.
Issue of, and objection to, the certificate issued under Regulation 805/2004
679
7.34.
Enforcement, and challenges to the enforcement, of the certified judgment
680
Judgments in civil and commercial matters from the courts of Member States: Regulation 1215/2012
681
7.35.
Recognition of judgments under Regulation 1215/2012: general
681
7.36.
The meaning of `judgment' for the purpose of Regulation 1215/2012
682
7.37.
Grounds for the recognition or non-recognition of judgments: Regulation 1215/2012, Chapter III, Section 1
683
7.38.
Recognition under Regulation 1215/2012 of judgments obtained in breach of agreement to arbitrate
684
7.39.
The enforcement of judgments: Regulation 1215/2012, Chapter III, Section 2
686
7.40.
Application for refusal of enforcement: Regulation 1215/2012, Chapter III, Section 3
687
7.41.
Miscellaneous points relating to recognition and enforcement under Regulation 1215/2012
688
Judgments in civil and commercial matters from the courts of Lugano II States and Brussels Convention territories
689
7.42.
General
689
7.43.
Recognition and enforcement under the Lugano II Convention
689
7.44.
Recognition and enforcement under the Brussels Convention
690
The effect of foreign judgments to which the Regulation and Conventions do not apply: English rules of private international law applicable to foreign judgments
690
7.45.
General
690
The effect of foreign judgments at common law
691
7.46.
General
691
7.47.
Recognition of judgments in personam: international jurisdictional competence of the foreign court
692
7.48.
Jurisdictional competence derived from presence: defendant present within the jurisdiction of the foreign court
693
7.49.
Jurisdictional competence derived from presence: corporation present within the jurisdiction of the foreign court
694
7.50.
Jurisdictional competence derived from presence: federal States and complex countries
696
7.51.
Jurisdictional competence derived from submission: defendant submitted to the jurisdiction of the foreign court
696
7.52.
Jurisdictional competence derived from submission: submission by voluntary appearance
697
7.53.
Jurisdictional competence derived from submission: development of a more flexible approach
698
7.54.
Jurisdictional competence derived from submission: appearance followed by amendment of claim
700
7.55.
Jurisdictional competence derived from submission: appearance protected from being counted as submission by Civil Jurisdiction and Judgments Act 1982, section 33
701
7.56.
Jurisdictional competence derived from submission: steps taken in the foreign proceedings which convey a mixed message
703
7.57.
Jurisdictional competence derived from submission: submission by prior agreement to appear
705
7.58.
Jurisdictional competence derived from submission: claimant submitting to a counterclaim
707
7.59.
Jurisdictional competence derived from submission: implied and indirect forms of submission
708
7.60.
No other basis of jurisdiction is accepted as sufficient at common law
710
7.61.
Judgments from the natural forum and Canadian development of the common law
712
7.62.
The impact of the doctrine of obligation
713
7.63.
Recognition of judgments and orders in rem: jurisdictional competence of the foreign court
715
7.64.
Defences to recognition of a judgment as res judicata other than lack of jurisdiction
718
7.65.
Complaints which do not amount to defences to recognition as res judicata
719
7.66.
Defence to recognition (1): foreign judgment not final and conclusive on the merits: interlocutory judgments and default judgments
721
7.67.
Defence to recognition (2): foreign judgment obtained in breach of an agreement about the resolution of disputes
724
7.68.
Departure from an agreement as to applicable law
726
7.69.
Defence to recognition (3): foreign judgment obtained by fraud: principle
728
7.70.
Curtailing the fraud defence where raising it is an abuse of process
732
7.71.
Defence to recognition (4): foreign judgment contravened the principles of natural or substantial justice
734
7.72.
Defence to recognition (5): recognition of foreign judgment would be contrary to English public policy
736
7.73.
Defence to recognition (6): recognition of judgment is precluded by Human Rights Act 1998
737
7.74.
Defence to recognition (7): foreign judgment is inconsistent with a prior judgment
740
7.75.
Effect and consequences of foreign judgment entitled to recognition
740
7.76.
Consequence of recognition (1): action by claimant to `enforce the judgment'
742
7.77.
Enforcement will not extend to a foreign penal or revenue or other public law
744
7.78.
Enforcement may be prevented by Protection of Trading Interests Act 1980
746
7.79.
Consequence of recognition (2): preventing a successful claimant from suing again
747
7.80.
Consequence of recognition (3): preventing an unsuccessful claimant from suing again
750
7.81.
The practical effect of estoppel by res judicata
752
7.82.
Findings made against the claimant: issue estoppel
755
7.83.
Findings made against the defendant: issue estoppel
756
7.84.
Consequence of non-recognition of a foreign judgment
757
Direct enforcement of foreign judgments by registration under the 1920 and 1933 Acts
757
7.85.
General
757
7.86.
Registration under the 1920 Act: countries and judgments
758
7.87.
Registration under the 1920 Act: jurisdiction of the foreign court
759
7.88.
Registration under the 1920 Act: substantive defences to registration
760
7.89.
Registration under the 1920 Act: miscellaneous further points
760
7.90.
Registration under the 1933 Act: countries and judgments
761
7.91.
Registration under the 1933 Act: jurisdiction of the foreign court
762
7.92.
Registration under the 1933 Act: substantive defences to registration
763
7.93.
Registration under the 1933 Act: miscellaneous further points
764
Judgments from Scotland, Northern Ireland and Gibraltar
765
7.94.
General
765
Miscellaneous points relating to the recognition of foreign judgments
765
7.95.
Sovereign immunity
765
7.96.
Community judgments
766
7.97.
Judgments given on the basis of other Conventions
766
ch. 8
Arbitration
768
Introductory matters
768
8.01.
General
768
8.02.
The problems of agreement or consent to arbitrate
770
Arbitration and the Arbitration Act 1966
771
8.03.
The 1996 Act: general
771
8.04.
The 1996 Act: general principles of interpretation
772
8.05.
Operation of the 1996 Act: the arbitrations to which the Act applies, and the law which governs the agreement to arbitrate
773
8.06.
Issues which are determined by reference to the seat of the arbitration
773
8.07.
Determining the seat of the arbitration
774
8.08.
The law which governs an arbitration agreement
776
8.09.
Application of Part I of the 1996 Act: mandatory and non-mandatory provisions
778
8.10.
Application of Part I of the 1996 Act: formal requirements
779
8.11.
Essential validity, and scope, of an arbitration agreement
780
8.12.
Rescission of the substantive contract and survival of the arbitration agreement
781
8.13.
Stays of legal proceedings: application for a stay
784
8.14.
Stays of legal proceedings by reference to an arbitration agreement
785
8.15.
Stays in Admiralty proceedings
788
8.16.
Injunctions to defend an arbitration agreement from judicial proceedings brought elsewhere
788
8.17.
Restraint of parties who breach an agreement to arbitrate by instituting proceedings before courts of a Member State
790
8.18.
The recast Brussels I Regulation 1215/2012 and arbitration
792
8.19.
Commencing English arbitral proceedings and the arbitral tribunal
794
8.20.
Jurisdiction of the arbitral tribunal
795
8.21.
The arbitral proceedings
795
8.22.
Powers of the court in relation to arbitral proceedings prior to the award
796
8.23.
The award
797
8.24.
Enforcement of, and challenges to, awards to which Part 1 of the Act applies
798
8.25.
Miscellaneous and supplementary matters
800
8.26.
Domestic arbitration agreements
800
8.27.
Consumer arbitration agreements
800
8.28.
Small claims arbitration in the county court
801
Recognition and enforcement of foreign awards under Part III of the 1996 Act
801
8.29.
Recognition and enforcement of certain foreign awards pursuant to Convention
801
8.30.
Awards purportedly set aside by foreign court
803
8.31.
Other bases of recognition or enforcement of awards
804
The law prior to the coming into force of the 1996 Act
805
8.32.
General
805
8.33.
The law governing an arbitration
805
8.34.
The law governing the arbitration proceedings
805
8.35.
Stays of English proceedings
805
8.36.
Enforcement of foreign awards at common law
806
8.37.
Enforcement of foreign awards under the Arbitration Act 1950, Part II
806
8.38.
Enforcement under the Civil Jurisdiction and Judgments Act 1982
807
8.39.
Enforcement under the Administration of Justice Act 1920 or the Foreign Judgments (Reciprocal Enforcement) Act 1933
807
Appendices
808
I.
Text of Brussels I Regulation (recast), Regulation 1215/2012
809
II.
Text of Brussels I Regulation 44/2001
839
III.
List of Decisions of the European Court on the Interpretation of the Brussels I Regulation and Predecessor Instruments
860
IV.
A Note on Drafting of Agreements on Choice of Court and Choice of law
866
Index
878