Understanding jurisdiction—a guide for dispute resolution practitioners
Understanding jurisdiction—a guide for dispute resolution practitioners

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

  • Understanding jurisdiction—a guide for dispute resolution practitioners
  • Brexit—implications of the UK’s departure from the EU—jurisdiction
  • What is jurisdiction?
  • Jurisdiction—what do I need to consider?
  • Jurisdiction regimes
  • Relationship between Brussels I (recast), Brussels I, and Brussels Convention (the Brussels Regime)
  • Use of authorities
  • Relationship between the Lugano Convention and the Brussels regime
  • What is a jurisdiction agreement?
  • Challenging/scrutinising jurisdiction—who, when and how?

Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Jurisdiction.

This Practice Note aims to provide an understanding of what is meant by the term ‘jurisdiction’ when dealing with cross-border litigation. It explains the importance of determining which court has jurisdiction and how the courts of England and Wales will determine whether it has jurisdiction to determine a particular dispute.

There are a number of jurisdiction regimes the courts can apply to determine jurisdiction and it can be difficult to determine which one applies, particularly in light of the UK’s departure from the EU. The main regimes being Civil Jurisdiction and Judgments Act 1982 for disputes within the UK, the Brussels Regime for disputes with an EU element (Regulation (EU) 1215/2012, Brussels (recast), Regulation (EC) 44/2001, Brussels I and the Brussels Convention), Lugano Convention 2007 for disputes with an European Free Trade Association (EFTA) state element, the Hague Convention on Choice of Court Agreements and the English common law. Once the relevant jurisdiction regime has been identified, navigating through it in terms of both its scope and application is also not always straightforward. The impact of the UK leaving the EU must also be considered. For guidance, see below: Brexit—implications of

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