Lugano Convention 2007—multiple proceedings
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—multiple proceedings
  • Definitions
  • Impact of UK’s departure from the EU
  • Basic principle
  • Parallel proceedings—general rule
  • Is interpretation aided by Brussels I (recast)?
  • Parallel proceedings—requirement for the same cause of action (Article 27)
  • Related proceedings (Article 28)
  • Determining the first court seised (Article 30)
  • Status of Swiss conciliation proceedings
  • More...

Lugano Convention 2007—multiple proceedings

Most of the case law referred to in this Practice Note was decided specifically under the Lugano Convention 2007. However, where case law (of both Member State courts or the Court of Justice) decided under Brussels I or Brussels I (recast) is relevant because the provisions are identical or substantially similar, reference is made to the corresponding Brussels regime Practice Notes, which should be considered together with this note.

For guidance on whether judgments of the Court of Justice are binding on UK courts following the UK’s departure from the EU, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?

Definitions

  1. Brussels Convention 1968—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Brussels on 27 September 1968

  2. Brussels I—Council Regulation (EC) No.44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters

  3. Brussels I (recast)—Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters

  4. Lugano Convention 1988—the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 16 September 1988

  5. Lugano Convention 2007—the Convention on Jurisdiction and the Recognition and

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