Lugano Convention 2007—special and exclusive jurisdiction
Produced in partnership with Guy Pendell and Liz Williams of CMS
Lugano Convention 2007—special and exclusive jurisdiction

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

  • Lugano Convention 2007—special and exclusive jurisdiction
  • Definitions
  • Special jurisdiction
  • Special jurisdiction—contract
  • Special jurisdiction—tort, delict and quasi-delict
  • Special jurisdiction—maintenance
  • Special jurisdiction—claims based on criminal proceedings
  • Special jurisdiction—branches and agencies
  • Special jurisdiction—trusts
  • Special jurisdiction—remuneration for salvage
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit—jurisdiction. For links to relevant guidance on the effect of the UK leaving the EU without a deal when dealing with matters of jurisdiction, see: Cross border considerations—checklist—Jurisdiction—Brexit specific.

This Practice Note considers the 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) dealing with issues of special and exclusive jurisdiction. This covers Article 5 which deals with, among other things, contract and tort claims, Article 6 which covers issues such as dealing with multiple defendants, third parties or counterclaims and Articles dealing with weaker parties in insurance, employment and consumer claims. It also considers the different categories of claims which fall within Article 22 under which the courts of a Member State will have exclusive jurisdiction.

This Practice Note is one of a suite of five Practice Notes dealing with the Lugano Convention 2007. The suite of Practice Notes are:

  1. jurisdiction:

    1. Lugano Convention 2007—general provisions in relation to jurisdiction

    2. Lugano Convention 2007—special and exclusive jurisdiction (this