7 steps:
1. International Facts
2. Characterization
3. PIL Question
a. Jurisdiction
b. Applicable Law
c. Enforcement
4. Sources
5. Scope
a. Substantive
b. Geographical
c. Temporal
6. Concurrence
7. Application of the Rule
Sources:
Jurisdiction Applicable Law R+E
International Lugano* Hague Convention* Lugano*
HCCC 2005 CISG HCCC 2005
EU Brussels I bis Rome I (Contractual obligations Brussels I bis
Rome II (non-contractual
Obligations)
National Law
*NOT used in this course
, Week 6- International Jurisdiction - Choice of Court
Clauses
1. International Facts
2. Characterization
3. PIL Question
a. Jurisdiction
4. Sources
a. Hague Convention on Choice of Court 2005
b. Brussels I-bis
5. Scope
a. Brussels I-bis:
i. Substantive:
1. Includes: art. 1(1)
a. 1. This Regulation shall apply in civil and commercial matters whatever the nature of the
court or tribunal. It shall not extend, in particular, to revenue, customs or administrative
matters or to the liability of the State for acts and omissions in the exercise of State
authority (acta iure imperii).
2. Excludes: art. 1(2)
a. 2. This Regulation shall not apply to:
i. (a) the status or legal capacity of natural persons, rights in property arising
out of a matrimonial relationship or out of a relationship deemed by the law
applicable to such relationship to have comparable effects to marriage;
ii. (b) bankruptcy, proceedings relating to the winding-up of insolvent companies
or other legal persons, judicial arrangements, compositions and analogous
proceedings;
iii. (c) social security;
iv. (d) arbitration;
v. (e) maintenance obligations arising from a family relationship, parentage,
marriage or affinity;
vi. (f) wills and succession, including maintenance obligations arising by reason
of death
ii. Geographical: Art. 4-6
1. Art. 4: 1. Subject to this Regulation, persons domiciled in a Member State shall, whatever their
nationality, be sued in the courts of that Member State. 2. Persons who are not nationals of the
Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable
to nationals of that Member State.
a. To define domicile:
i. (art. 62 defendant domiciled if is a natural person,
according to domestic law and
ii. art. 63 if defendant is a legal person, where the company
is incorporated)
1. 1. For the purposes of this Regulation, a company or other legal
person or association of natural or legal persons is domiciled at the
place where it has its:(a) statutory seat; (b) central administration;
or (c) principal place of business
1. International Facts
2. Characterization
3. PIL Question
a. Jurisdiction
b. Applicable Law
c. Enforcement
4. Sources
5. Scope
a. Substantive
b. Geographical
c. Temporal
6. Concurrence
7. Application of the Rule
Sources:
Jurisdiction Applicable Law R+E
International Lugano* Hague Convention* Lugano*
HCCC 2005 CISG HCCC 2005
EU Brussels I bis Rome I (Contractual obligations Brussels I bis
Rome II (non-contractual
Obligations)
National Law
*NOT used in this course
, Week 6- International Jurisdiction - Choice of Court
Clauses
1. International Facts
2. Characterization
3. PIL Question
a. Jurisdiction
4. Sources
a. Hague Convention on Choice of Court 2005
b. Brussels I-bis
5. Scope
a. Brussels I-bis:
i. Substantive:
1. Includes: art. 1(1)
a. 1. This Regulation shall apply in civil and commercial matters whatever the nature of the
court or tribunal. It shall not extend, in particular, to revenue, customs or administrative
matters or to the liability of the State for acts and omissions in the exercise of State
authority (acta iure imperii).
2. Excludes: art. 1(2)
a. 2. This Regulation shall not apply to:
i. (a) the status or legal capacity of natural persons, rights in property arising
out of a matrimonial relationship or out of a relationship deemed by the law
applicable to such relationship to have comparable effects to marriage;
ii. (b) bankruptcy, proceedings relating to the winding-up of insolvent companies
or other legal persons, judicial arrangements, compositions and analogous
proceedings;
iii. (c) social security;
iv. (d) arbitration;
v. (e) maintenance obligations arising from a family relationship, parentage,
marriage or affinity;
vi. (f) wills and succession, including maintenance obligations arising by reason
of death
ii. Geographical: Art. 4-6
1. Art. 4: 1. Subject to this Regulation, persons domiciled in a Member State shall, whatever their
nationality, be sued in the courts of that Member State. 2. Persons who are not nationals of the
Member State in which they are domiciled shall be governed by the rules of jurisdiction applicable
to nationals of that Member State.
a. To define domicile:
i. (art. 62 defendant domiciled if is a natural person,
according to domestic law and
ii. art. 63 if defendant is a legal person, where the company
is incorporated)
1. 1. For the purposes of this Regulation, a company or other legal
person or association of natural or legal persons is domiciled at the
place where it has its:(a) statutory seat; (b) central administration;
or (c) principal place of business
