Lugano Convention 2007—application to third states

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

  • Lugano Convention 2007—application to third states
  • Definitions
  • Provisions applicable to third states
  • The UK as a third state—general
  • The UK as a third state—the exceptions

Lugano Convention 2007—application to third states

This Practice Note considers the application of the Lugano Convention 2007 to disputes involving non contracting parties to the convention (often known as third states). It sets out the various provisions in this convention that can apply to situations involving third states and discusses the impact for the UK in the application of those provisions following its departure from the EU—the UK was a party to the Lugano Convention 2007 by virtue of its membership of the EU. The contracting parties to the convention are the EU, Denmark and relevant EFTA Member States being Iceland, Norway and Switzerland.

It should be noted that in the absence of any guidance from the relevant EFTA contracting States as to the position they intend to take in relation to the UK now it is a third state for the purposes of the Lugano Convention 2007, it is key that local advice is obtained as to the relevant jurisdictional rules that will be applied by the courts of those countries.

Definitions

This Practice Note using a number of definitions:

  1. European Communities Act 1972—ECA 1972

  2. European Union (Withdrawal) Act 2018—EU(W)A 2018

  3. European Union (Withdrawal Agreement) Act 2020—EU(WA)A 2020

  4. exit day—is defined in EU(W)A 2018, s 20, as 31 January 2020 at 11 pm

  5. implementation period—is defined in EU(WA)A 2020, s 1 as the ‘transition or implementation period

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