Lugano Convention 2007—special and exclusive jurisdiction
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—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...

Lugano Convention 2007—special and exclusive jurisdiction

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. It also considers the different categories of claims that fall within Article 22 under which the courts of a contracting state will have exclusive jurisdiction. Finally, this Practice Note discusses the implications for the application of Article 22 (which applies 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 is a so called third state for the purposes of the application of the convention. For general guidance on the application of this article to third states, as well as the other provisions of the convention that are relevant to third states, see Practice Note: Lugano Convention 2007—application to third states.

Most of the case law referred to in this Practice Note was decided specifically under the Lugano Convention 2007. However, where case law decided under Brussels I or Brussels I (recast) is

Popular documents