Brussels Convention

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Brussels Convention
  • Introduction
  • When is the convention applied?
  • Scope of the convention
  • Basic rule in the convention
  • Exceptions to the basic rule under the convention
  • Exclusive jurisdiction (Article 16)
  • Jurisdiction agreements (Article 17)
  • Submission (Article 18)
  • Special jurisdiction (Articles 5 and 6)
  • More...

Brussels Convention

This Practice Note is for use when determining court jurisdiction in proceedings commenced in the courts of England and Wales on or before 31 December 2020 at 11 pm involving Gibraltar, Aruba (an overseas territory of the Netherlands) and French overseas territories.

Where proceedings are commenced after that date, involving these territories, whether the court has jurisdiction will be determined under the provisions in CPR 6 and the common law. That determination occurs when seeking permission of the court to serve the claim form out of the jurisdiction. For guidance, see Practice Note: Determining whether the courts of England and Wales have jurisdiction—key requirements, Serving outside the jurisdiction with court permission—application and order and Serving outside the jurisdiction with court permission—jurisdictional gateways.

A copy of the convention is available on the Eur-lex website here.

Introduction

In the UK, the Brussels Convention came into force on 1 January 1987. The convention was set out in Schedule 1 to Civil Jurisdiction and Judgments Act 1982. Schedule 1 was omitted from the Act under The Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, SI 2019/479, reg 53 which came into force on IP completion day ie 31 December 2020 at 11 pm. For guidance on the implications of the UK leaving the EU, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners.

When is the convention applied?

The Brussels

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