Lugano Convention 2007—jurisdiction agreements and entering an appearance
Produced in partnership with Liz Williams of CMS and Guy Pendell of CMS

The following Dispute Resolution practice note produced in partnership with Liz Williams of CMS and Guy Pendell of CMS provides comprehensive and up to date legal information covering:

  • Lugano Convention 2007—jurisdiction agreements and entering an appearance
  • Definitions
  • Effects of a jurisdiction agreement
  • Requirements for a jurisdiction agreement
  • In writing or evidenced in writing
  • A form which accords with the parties’ established practices
  • A form which accords with a widely known usage
  • Exclusive and non-exclusive jurisdiction
  • Trusts
  • Protection for ‘weaker’ parties
  • More...

Lugano Convention 2007—jurisdiction agreements and entering an appearance

This Practice Note considers the general provisions in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007). It looks at the effects of a jurisdiction agreement under Article 23 and then sets out the requirements for a valid jurisdiction agreement under Article 23. It then goes on to specifically consider the requirement for the agreement to be in writing or evidence in writing as well as situations in which the jurisdiction agreement is in a form which accord with the parties’ established practices or is in a form which accords with a widely known usage. The Practice Note considers exclusive and non-exclusive jurisdiction agreements and what parties must prove when seeking to rely on a jurisdiction agreements. Protection for weaker parties in insurance, employment and consumer contracts are also covered along with the position when dealing with trusts and also the position under Article 24 where a defendant enters an appearance before a Member State court. Finally, this Practice Note discusses the implications for the application of Article 23 and 24 (which apply regardless of domicile of the parties) now the UK is no longer bound by the convention as a result of its membership of the EU and

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