CIVIL JURISDICTIONAND JUDGMENTS

3rd edition

By

ADRIAN BRIGGSFellow and Tutor in Law, St Edmund Hall, Oxford

Barrister, Blackstone Chambers, Temple

Edited by

PETER REESPartner and Head of Litigation, Norton Rose

LLPLONDON HONG KONG

2002

TABLE OF CONTENTS

PAGEPreface to the third edition vPreface to the first edition viiTable of Cases xxvTable of Statutes xliiiTable of Statutory Instruments xlviiRules of the Supreme Court ilCivil Procedure Rules \[European Legislation IiiiTable of Miscellaneous Legislation ]jx

PARA.1 INTRODUCTION

The reasons for, and scope of, this book

General introduction 1.01

The relationship between the various European instruments and the common law

General 1.02Consequences 1.03

The Conventions, and the contracting states; the Council Regulations and themember states

The Conventions 1.04The original Brussels Convention 1.05Accession of Denmark, Ireland and the United Kingdom 1.06Accession of the Hellenic Republic 1.07Accession of Portugal and Spain 1.08Accession of Austria, Finland and Sweden 1.09The Lugano Convention 1.10Council Regulation (EC) 44/2001 1.11

Secondary sources of the law

General 1.12Official commentaries on the Brussels and Lugano Conventions 1.13References to the Court of Justice, and decided cases 1.14Academic sources 1.15

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Geographical matters

General 1-16

Human rights and discrimination

Article 12 EC and the Human Rights Act 1998 1.17Article 6 ECHR and the right to a trial 1.18

2 JURISDICTION UNDER COUNCIL REGULATION (EC)NO. 44/2001

General 2.01General principles of interpretation of the Regulation 2.02An equal and uniform interpretation 2.03Autonomous intrepretation 2.04Exceptions to the domiciliary rule will be narrowly construed 2.05The risk of inconsistent decisions must be minimised 2.06Evaluation 2.07The hierarchy of jurisdictional rules 2.08Challenging the jurisdiction of the English court 2.09The need to commence proceedings first 2.10Prospective claimant 2.11Prospective defendant 2.12Other means of preventing a court from exercising jurisdiction 2.13Bring proceedings in any event 2.14Seek an injunction to restrain the proceedings in the other member state 2.15Taking proceedings in a non-member state? 2.16What should a defendant do if served with a process in a case to which the

Regulation applies? 2.17What may the claimant do if the defendant does not enter an appearance? 2.18

(1) The scope of the Regulation: articles 66 and 1

General 2.19Temporal, geographical and personal scope of the Regulation: articles 66 and 1 2.20General 2.21Scope of the Regulation ratione materiae: article 1 2.22General 2.23The status or legal capacity of natural persons, rights in property arising out of a

matrimonial relationship, wills and succession: article l(2)(a) 2.24Bankruptcy, proceedings relating to the winding-up of insolvent companies or

other legal persons, judicial arrangements, compositions and analogousproceedings: article l(2)(b) 2.25

Social security: article l(2)(c) 2.26Arbitration: article l(2)(d) 2.27The subject matter of the Regulation: general 2.28Scope of the Regulation: jurisdiction from other conventions 2.29Scope of the Regulation: international jurisdiction 2.30

(2) Jurisdiction under another Instrument: articles 67-71

General 2.31Conventions on particular matters 2.32Co-existence between the two instruments 2.33

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Maritime and other conventions 2.34Community legal instruments 2.35Conclusion 2.36

(3) Exclusive jurisdiction, regardless of domicile: article 22

Article 22 of the Convention 2.37Title to, and tenancies of immovable property in a member state: article 22(1) 2.38General 2.39Proceedings having as their object rights in rem 2.40Must the rules relied on be rules peculiar to land law? 2.41Proceedings having as their object tenancies of immovable property 2.42Objections to the application of article 22(1) 2.43Contracts for the conveyance of immovable property 2.44Short private lettings: concurrent exclusive jurisdiction 2.45Land in the United Kingdom 2.46Land in a non-member state 2.47Companies with their seat in a member state: article 22(2) 2.48General 2.49Company with seat in the United Kingdom 2.50Validity of entries in public registers in a member state: article 22(3) 2.51Public register kept in the United Kingdom 2.52Intellectual property rights registered in a member state: article 22(4) 2.53General 2.54Deposit or registration in the United Kingdom 2.55Enforcement of member state judgments: article 22(5) 2.56General 2.57Judgments from non-member states 2.58Enforcement of member state judgment in the United Kingdom 2.59Article 22 jurisdiction: land, etc, in a non-member state 2.60Conclusion 2.61

(4) Entering an appearance: article 24

General 2.62Scheme of the rule 2.63Entering an appearance, or submission? 2.64Contesting the jurisdiction of the court: the principles 2.65Contesting the jurisdiction of the court: the procedure 2.66Conclusion 2.67

(5) Special rules concerning insurance contracts: articles 8-14

General 2.68Jurisdictional rules: general: articles 8-12 2.69Choice of court agreements in insurance contracts: articles 13,14 2.70International jurisdiction in the courts of the United Kingdom 2.71Conclusion 2.72

(6) Special rules concerning certain consumer contracts: articles 15-17

General 2.73Consumers and consumer contracts: article 15 2.74Jurisdictional rules: article 16 2.75

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Choice of court agreements: article 17 2.76International jurisdiction in the courts of the United Kingdom 2.77Conclusion 2.78

(7) Jurisdiction over individual contracts of of employment: articles 18 to 21

General 2.79Jurisdictional rules: articles 18 to 21 2.80International jurisdiction in the courts of the United Kingdom 2.81Conclusion 2.82

(8) Agreements on choice of court of a member state: article 23General 2.83The effect of a choice of court agreement 2.84Formal requirements for a choice of court agreement: general 2.85In writing, or evidenced in writing 2.86Compliance with previous course of dealing 2.87Compliance with the practice of international trade 2.88Formality and third parties to the agreement 2.89Formal requirements and Luxembourg domiciliaries 2.90The contents of the clause: courts of two member states 2.91The contents of the clause: non-geographical description 2.92The contents of the clause: the courts of the United Kingdom 2.93The contents of the clause: the courts of a non-member state 2.94The contents of the clause: non-exclusive jurisdiction 2.95Challenges to the validity of the clause under national law: on formal or

procedural grounds 2.96Challenges to the validity of the clause under national law: on substantive

grounds 2.97Clauses benefiting only one party 2.98Choice of court within trust instruments 2.99Jurisdiction by agreement derived from other contractual terms 2.100International jurisdiction in the English or United Kingdom courts 2.101Conclusion 2.102

(9) Is the defendant domiciled in the United Kingdom? Article 2

General 2.103The determination of a defendant's domicile 2.104Domicile in the United Kingdom: individuals 2.105Domicile of corporations and associations: scheme and purpose 2.106Domicile of companies or associations for general purposes 2.107Seat of company or association for purpose of article 22(2) 2.108Domicile of non-member state insurers, suppliers and employers 2.109Domicile of trusts 2.110Domicile of the Crown 2.111Conclusions 2.112

(10) Defendants domiciled in another member state: special jurisdiction underarticles 5-7

General 2.113Special jurisdiction under article 5. 2.114Jurisdiction in matters relating to a contract: article 5(1) 2.115

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Matters relating to a contract: an autonomous definition 2.116The decision in Handte 2.117The application of the decision in Handte: strangers to the agreement 2.118The application of the decision in Handte: undertakings freely entered into 2.119Void and voidable contracts as contractual obligations 2.120Professional services 2.121Quasi-contractual or restitutionary claims 2.122The obligation in question: general 2.123The obligation in question and disputed contracts 2.124The obligation in question: multiple broken obligations 2.125The obligation in question: one obligation, but performed across borders 2.126The obligation in question: primary or secondary obligations 2.127The obligation in question: contracts of distributorship 2.128The place of performance of the obligation in question 2.129The place of payment of money 2.130Contractual and non-contractual claims in the same action 2.131Disputes as to the very existence of a contract 2.132Luxembourg domiciliaries 2.133International jurisdiction in the United Kingdom 2.134Article 5(2) of the Regulation: maintenance 2.135Jurisdiction in matters relating to tort: article 5(3) 2.136Matters relating to tort, delict or quasi-delict 2.137The decision in Kalfelis and the meaning of liability 2.138The relationship between article 5(1) and article 5(3) 2.139Obligations based on a duty of care 2.140Claims against professionals 2.141Tort claims with contractual defences 2.142Equitable obligations 2.143Quasi-contractual claims, or obligations not based on wrongs 2.144Product liability 2.145Articles 5(1) and 5(3): conclusions 2.146The harmful event: general interpretation 2.147The first limb of Bier, which damage serves to locate special jurisdiction? 2.148The first limb of Bier, where did the damage occur? 2.149The first limb of Bier, damage in more than one member state 2.150The second limb of Bier, the event giving rise to the damage 2.151The harmful event in relation to restitutionary claims 2.152No special "accessory" jurisdiction over related claims 2.153Special jurisdiction over threatened or anticipated torts 2.154International jurisdiction in the English court 2.155Jurisdiction over civil claims in criminal cases: article 5(4) 2.156Jurisdiction over defendants dealing through branches and agencies: article 5(5) 2.157Branch, agency or other establishment 2.158Dispute arising from the operations of the branch 2.159International jurisdiction in the English court 2.160Jurisdiction over a trustee, beneficiary or settlor sued as such: article 5(6) 2.161Trusts domiciled in the United Kingdom 2.162Jurisdiction over payment in respect of salvage claims: article 5(7) 2.163Special jurisdiction under article 6 2.164Jurisdiction over co-defendants: article 6(1) 2.165The connexion between the claims against the defendants 2.166

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A duty to accept jurisdiction under article 6(1)? 2.167Jurisdiction over third party proceedings: article 6(2) 2.168The types of proceedings within the article 2.169A discretion to decline to exercise jurisdiction? 2.170Proceedings in the English court 2.171Jurisdiction over counterclaims: article 6(3) 2.172Proceedings in the English court 2.173Jurisdiction over contracts relating to land: article 6(4) 2.174Land in the United Kingdom 2.175Jurisdiction to limit liability: article 7 2.176Conclusion 2.177

(11) Defendants not domiciled in any member state: article 4

General 2.178Consequence of application 2.179Article 4 jurisdiction and Us alibi pendens 2.180Service on the defendant 2.181

(12) Verification of jurisdiction (articles 25 and 26); and the effect of a lis alibipendens (articles 27-30); and the Lugano Convention

Verification of jurisdiction: articles 25 and 26 2.182Checking for exclusive jurisdiction: article 25 2.183Examination of jurisdiction where the defendant does not appear: article 26 2.184Conclusion 2.185Lis alibi pendens: articles 27 to 30: general scheme 2.186Same cause of action, between same parties, in another member state: article 27 2.187General approach to article 27 2.188The same cause of action: identity of objet and of cause 2.189The same parties: identity of parties 2.190When is the court seised? Background to the present rule 2.191A uniform definition of the point when a court becomes seised 2.192The date of seisin: multiple defendants: 2.193The date of seisin: amendment of pleadings 2.194Court ceasing to be seised or staying its proceedings 2.195If the court seised second believes that it has jurisdiction and that the court

seised first does not 2.196The court seised second believes it has exclusive jurisdiction, and the court

seised first does not 2.197Court seised first in another part of the United Kingdom 2.198Related action pending in another member state: article 28 2.199Related actions 2.200Staying proceedings while action is pending in the courts first seised:

article 28(1) 2.201Dismissal for consolidation in court seised first: article 28(2) 2.202Article 28: which power should the court exercise? 2.203Multiple exclusive jurisdictions: article 29 2.204Proceedings in Denmark, Ireland, Norway, Poland or Switzerland 2.205Proceedings in a non-member, non-contracting state 2.206

(13) The use of discretion in the exercise of regulation jurisdiction

General 2.207

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Disputes as to the availability of the jurisdiction rule relied on 2.208The decision that another member state court should not be exercising

jurisdiction; grant of an anti-suit injunction 2.209A discretion to decline to exercise jurisdiction conferred by the Regulation 2.210Introduction 2.211The general argument that the exercise of jurisdiction is mandatory 2.212The general contrary argument: that there is a discretion to stay 2.213Unsuitability of a broad and general answer 2.214More appropriate forum in another member state 2.215Defendant domiciled in England, natural forum in a non-member state 2.216Defendant not domiciled in a member state, natural forum in a non-member

state 2.217Agreement on choice of court clause for a non-member state 2.218Determination of title to land in a non-member state 2.219Prior proceedings in a non-member state 2.220Conclusions 2.221Final conclusions on the operation of the Regulation 2.222

(14) International jurisdiction in the courts of the United Kingdom

International jurisdiction and the allocation of jurisdiction within the UnitedKingdom 2.223

Internal jurisdiction in non-international cases 2.224Schedule 4 to the 1982 Act: general 2.225Schedule 4 to the 1982 Act: detailed provisions 2.226

3 JURISDICTION UNDER THE BRUSSELS AND LUGANOCONVENTIONS

General 3.01Interpretation of the Conventions 3.02The jurisdictional rules of the Conventions 3.03Scope of the Conventions: articles 1 and 54 (Ql) 3.04Jurisdiction derived from other Conventions: article 57 (Q2) 3.05Exclusive jurisdiction regardless of domicile: article 16 (Q3) 3.06Entering an appearance: article 18 (Q4) 3.07Special rules concerning insurance contracts: articles 7 to 12A (Q5) 3.08Special rules concerning certain consumer contracts: articles 13 to 15 (Q6) 3.09Jurisdiction over individual contracts of employment: articles 5(1) and 17(5)

(Q7) 3.10Agreements on choice of court for a contracting state: article 17 (Q8) 3.11Defendant domiciled in the United Kingdom: article 2 (Q9) 3.12Defendants domiciled in another contracting state: special jurisdiction under

articles 5 to 6A (Q10) 3.13Defendants not domiciled in any contracting state: article 4 (Qll) 3.14Examination of jurisdiction and lis alibi pendens: articles 19 to 23 (Q12) 3.15The use of discretion in relation to jurisdiction under the Convention (Q13) 3.16International jurisdiction given by the Conventions to the courts of the United

Kingdom (Q14) 3.17

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4 THE COMMON LAW RULES OF JURISDICTION

The common law rules of jurisdiction: sphere of application

Introduction 4.01

The common law rules of jurisdiction: summary

General 4.02Service within the jurisdiction 4.03Service out of the jurisdiction 4.04Cases where common law jurisdiction does not exist 4.05Title to foreign land 4.06Foreign intellectual property rights 4.07Foreign penal, revenue, and analogous public laws 4.08Persons having jurisdictional immunity 4.09

Proceedings commenced by service within the jurisdiction

General 4.10Staying proceedings: general 4.11No prior contractual choice of court: the general approach 4.12The foreign forum is available as a court of competent jurisdiction 4.13The available foreign forum is clearly or distinctly more appropriate 4.14It is not unjust to send the claimant to the available, natural, forum 4.15Lis alibi pendens and the staying of actions 4.16Criticism 4.17Time for application 4.18Prior agreement upon choice of court 4.19The scope and construction of the agreement 4.20The claim must fall within the scope of the agreement 4.21The agreement must be and must remain valid and enforceable as between the

parties 4.22The agreement must oblige the claimant, as distinct from merely entitling him,

to sue in the foreign court 4.23Principles on which a stay is granted 4.24The possible application of Spiliada 4.25Enforcement by action for damages 4.26Arbitration agreements 4.27

Proceedings commenced by service out of the jurisdiction under CPR Part 6

General 4.28Jurisdiction to grant permission: the paragraphs of CPR r6.20 4.29English domiciled defendant: CPR r6.20(l) 4.30Injunctions: CPR r6.20(2) 4.31Necessary or proper party: CPR r6.20(3) 4.32Part 20 claims: CPR r6.20(3A) 4.33Claims for interim remedies: CPR r6.20(4) 4.34Claims in relation to contracts: CPR r6.20(5)-(7) 4.35Paragraphs (5) and (7): the type of contract 4.36Breach of contract claims: CPR r6.20(6) 4.37Claims made in tort: CPR r6.20(8) 4.38

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Claims "made in tort" 4.39Damage sustained within the jurisdiction: CPR r6.20(8)(a) 4.40Act committed within the jurisdiction: CPR r6.20(8)(b) 4.41Enforcement of judgments and awards: CPR r6.20(9) 4.42Property located within the jurisdiction: CPR r6.20(10) 4.43Trusts: CPR r6.20(ll) 4.44Administration of estates: CPR r6.20(12) 4.45Probate: CPR r6.20(13) 4.46Constructive trusteeship: CPR r6.20(14) 4.47Claims for restitution: CPR r6.20(15) 4.48Claims by the Inland Revenue: CPR r6.20(16) 4.49Claims for costs orders for or against non-parties to an action: CPR r6.20(17) 4.50Admirality claims: CPR r6.20(17A) 4.50AClaims under specific enactments: CPR r6.20(18) 4.51Standard of proof to satisfy CPR r6.20 4.52Further requirements after CPR r6.20 is satisfied: CPR r6.21 4.53England is the proper place in which to bring the claim: CPR r6.21(2A) 4.54If England is not the natural forum it may still be the proper place for the claim 4.55Is it unjust to require the defendant to come to England? 4.56The claimant raises a serious issue to be tried on the merits 4.57Spiliada and Seaconsar: evaluation 4.58Challenging jurisdiction and the exercise of jurisdiction: CPR Part 11 4.59

5 PROCEDURAL LAW: SERVICE OF PROCESS,CHALLENGING JURISDICTION AND PRACTISINGFORUM SHOPPING

Scope of this chapter 5.01

Service of process

Service within the jurisdiction: general 5.02Service within the jurisdiction: methods 5.03Period for service of a claim form 5.04Service by personal service 5.05The place of service 5.06Service by first class post 5.07Service by delivering or leaving at a specified place 5.08Service through a document exchange 5.09Service by fax 5.10Service by other means of electronic communication 5.11Service by an alternative method 5.12Service of claim form by agreed method 5.13Service of claim form on local agent of overseas principal 5.14Statutory service on companies 5.15Statutory service upon a United Kingdom company 5.16Statutory service upon an oversea company: general 5.17Section 694A service upon a section 690A company: branch registration 5.18Section 695 service upon a section 691 company 5.19

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Service in claims against partnerships: summary 5.20Service out of the jurisdiction: uncertainty as to the need for permission 5.21Service out of the jurisdiction: method 5.22

Disputing the jurisdiction of the court

General 5.23Technical jurisdiction resulting from service 5.24Ignoring service of the claim form 5.25Disputing the jurisdiction of the English court 5.26The procedure of the challenge: CPR Part 11 5.27Grounds for disputing the jurisdiction 5.28Concurrent application for a stay of proceedings 5.29Should the defendant seek to strike out the claim on substantive grounds? 5.30Should the claimant seek to obtain summary judgment? 5.31Disputing the jurisdiction: conclusions 5.32

Stay of proceedings

General 5.33

Anti-suit injunctions

General 5.34Jurisdiction in personam over the respondent 5.35Jurisdiction in personam and the Regulation 5.36Jurisdiction in personam apart from the Regulation 5.37The principles upon which an injunction is ordered 5.38Breach of a legal right not to be sued 5.39An equitable right not to be sued: vexatious or oppressive foreign proceedings 5.40Vexatious or oppressive conduct in suing in the foreign court 5.41Where the injunction protects the jurisdiction of the English court 5.42Other unconscionable acts 5.43Public interest factors in the exercise of discretion 5.44Where the respondent will lose in England 5.45Canadian and Australian authority and its relevance 5.46The timing of the application 5.47Ancillary measures 5.48Breach of an anti-suit injunction 5.49Injunctions: further development 5.50

Declaratory relief

General 5.51Jurisdiction in personam over the defendant 5.52Jurisdiction in personam and the Regulation 5.53Jurisdiction in personam apart from the Regulation 5.54Making the declaration: substantive law 5.55

6 INTERIM REMEDIES AND PROTECTIVE MEASURES

General 6.01Interim remedies available from an English court 6.02

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The freezing injunction 6.03Search orders 6.04Interim injunctions in general 6.05Obtaining the order: general 6.06Jurisdiction to grant interim remedies 6.07Civil or commercial matter; English court has Regulation-based jurisdiction 6.08Civil or commercial matter; English court lacks Regulation-based jurisdiction

but another member state has it 6.09Civil or commercial matter; English and other member state court could have

Regulation-based jurisdiction over the defendant to the substantive claim,but neither has been seised 6.10

Civil or commercial matter; neither English nor other member state court hasRegulation-based jurisdiction over the defendant to the substantive claim 6.11

Not a civil or commercial matter; English court has jurisdiction over thedefendant to the substantive claim 6.12

Not a civil or commercial matter: English court does not have jurisdiction overthe defendant to the substantive claim 6.13

Interim remedies when the action is stayed 6.14Further points 6.15Post-judgment orders for interim remedies 6.16Enforcement of English orders in other member states 6.17Interim relief from the courts of other member states 6.18Interim relief from the courts of a non-member state 6.19

7 THE RECOGNITION AND ENFORCEMENT OF FOREIGNJUDGMENTS

The various schemes from the recognition and enforcement of foreign judgments

Introductory 7.01Which scheme? 7.02

Recognition and enforcement under Council Regulation (EC) 44/2001: judgmentsfrom the courts of EU member states other than Denmark

General 7.03The unequal treatment of defendants domiciled in non-member states 7.04Recognition of the judgment: the order of enquiry: articles 32 to 37 7.05The judgment of a court in a member state: article 32 7.06The subject matter of the judgment: article 1 7.07Judgments in the context of arbitration 7.08Proceedings instituted after 1 March 2002: article 66(1) 7.09Judgment given on or after 1 March 2002: article 66(2) 7.10Jurisdictional defences to recognition: articles 35 and 72 7.11Substantive defences to recognition: article 34 7.12Recognition manifestly contrary to public policy: article 34(1) 7.13Certain judgments in default of appearance: article 34(2) 7.14Judgment irreconcilable with local judgment: article 34(3) 7.15Incidental decision upon question of status 7.16Judgment irreconcilable with prior foreign judgment: article 34(4) 7.17

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The consequences of recognition 7.18Recognition as the foundation for issue estoppel? 7.19Enforcing a judgment entitled to recognition: articles 38 to 52 7.20First stage: obtaining an order for registration for enforcement: articles 38 to 42 7.21Second stage: appeals by the disappointed party: articles 43 to 47 7.22Miscellaneous further points concerning enforcement 7.23Authentic instruments and court-approved settlements 7.24

Recognition and enforcement under the Brussels and Lugano Conventions

General 7.25Domain of the Conventions: articles 1 and 25 7.26Date of judgment or of proceedings: article 54 7.27Jurisdictional objections: article 28 7.28Substantive objections: article 27 7.29Enforcement procedure: articles 31 to 50 7.30Miscellaneous points 7.31

Recognition, and enforcement by action, of judgments under the common law

General 7.32Recognition: the jurisdictional competence of the foreign court: judgments in

personam 7.33Defendant present within the jurisdiction of the court 7.34Defendant submitted to the jurisdiction 7.35Submission by voluntary appearance 7.36Other steps taken in the foreign proceedings, and submission 7.37Submission by agreement 7.38Submission to a counterclaim by claimant 7.39No other basis of jurisdiction is accepted as sufficient at common law 7.40Recognition: jurisdictional competence of the foreign court: actions in rem 1A\Defences to recognition (other than lack of jurisdiction) 7.42Breach of an arbitration/choice of court clause 7.43Judgment obtained by fraud: the broad defence 7.44Restriction of the fraud defence: the doctrine of abuse of process 7.45Judgment contrary to natural (or substantial?) justice 7.46Recognition contrary to public policy 7.47Judgment inconsistent with a prior judgment 7.48Judgment not final and conclusive upon the merits 7.49No other defences to recognition? 7.50Effect and consequences of foreign judgment entitled to recognition 7.51Effect of recognition (1): action by claimant to enforce judgment 7.52Judgment to be enforced must be for a fixed sum of money 7.53No enforcement of a foreign penal/revenue/public law 7.54No enforcement of a judgment contrary to Protection of Trading Interests Act

1980 7.55Effect of recognition (2): to prevent successful claimant from suing again 7.56Effect of recognition (3): preventing an unsuccessful claimant from suing again 7.57Findings made against the claimant: issue estoppel 7.58Findings made against the defendant: issue estoppel 7.59

Enforcement by registration: the 1920 and 1933 Acts

General 7.60

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Judgments covered by the 1920 Act: general 7.61Registration under the 1920 Act: jurisdictional competence 7.62Registration under the 1920 Act: substantive defences 7.63Registration under the 1920 Act: miscellaneous 7.64Judgments covered by the 1933 Act: general 7.65Registration under the 1933 Act: jurisdictional competence 7.66Registration under the 1933 Act: substantive defences 7.67Registration under the 1933 Act: miscellaneous 7.68

United Kingdom and Gibraltar judgments

General 7.69

Miscellaneous final points relating to the recognition of foreign judgments

Sovereign immunity 7.70Community judgments 7.71Other Conventions 7.72

8 ADMIRALTY JURISDICTION: AN OUTLINE

Introduction 8.01Actions in personam and actions in rem 8.02The action in rem is brought against a res 8.03The definition of a res 8.04The manner of service 8.05Service is sufficient to found jurisdiction 8.06Arresting the res 8.07International Maritime Conventions 8.08The 1952 Arrest Convention 8.09Jurisdiction based upon arrest 8.10Maritime claims 8.11The 1952 Collision Convention 8.12The effect of the Council Regulation (EC) 44/2001, and the Brussels and Lugano

Conventions 8.13The Regulation and the Admiralty action in rem 8.14A defendant domiciled in a Regulation state or a Brussels or Lugano

Convention state 8.15Lis alibi pendens in another Regulation or contracting state 8.16The meaning of "first seised" 8.17Interim relief if an action is stayed 8.18The effect of section 34 of the 1982 Act on the admiralty action in rem 8.19

9 ARBITRATION

General 9.01

Arbitrations under the Arbitration Act 1996

The 1996 Act: general 9.02

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The 1996 Act: general principles of interpretation 9.03Scope of the Act: to which arbitrations does the Act apply? 9.04The seat of the arbitration 9.05Application of the provisions of Part I of the 1996 Act: the law which governs an

arbitration agreement 9.06Application of Part I of the 1996 Act: mandatory and non-mandatory provisions 9.07Formal requirements of an arbitration agreement for Part I to apply 9.08Essential validity, and scope, of an arbitration agreement 9.09Stays of legal proceedings: application for a stay 9.10Stays of legal proceedings: granting the stay 9.11Stays in admiralty proceedings 9.12Injunctions in respect of proceedings in foreign courts 9.13Commencement of arbitral proceedings and the arbitral tribunal 9.14Jurisdiction of the arbitral tribunal 9.15The arbitral proceedings 9.16Powers of the court in relation to arbitral proceedings prior to the award 9.17The award 9.18Enforcement of, and challenges to, awards to which Part I of the Act applies 9.19Miscellaneous and supplementary matters 9.20Domestic arbitration agreements 9.21Consumer arbitration agreements 9.22Small claims arbitration in the county court 9.23

Recognition and enforcement of foreign awards under Part III of the 1996 Act

Recognition and enforcement of certain foreign awards pursuant to Convention 9.24Other bases of recognition or enforcement of awards 9.25

The law prior to the coming into force of the 1996 Act

General 9.26The law governing an arbitration 9.27The law governing the arbitration proceedings 9.28Stays of English proceedings 9.29Enforcement of foreign awards at common law 9.30Enforcement of foreign awards under the Arbitration Act 1950, Part II 9.31Enforcement under the Arbitration Act 1975 9.32Enforcement under Civil Jurisdiction and Judgments Act 1982 9.33Enforcement under the Administration of Justice Act 1920 or the Foreign

Judgments (Reciprocal Enforcement) Act 1933 9.34

PAGE

APPENDIX I Text of Council Regulation (EC) 44/2001 551APPENDIX II Text of the Brussels Convention, the Annexed Protocol, and

the Protocol of 3 June 1971: Civil Jurisdiction and Judgments Act 1982,Schedules 1 and 2 (as amended) 575

APPENDIXII I Text of the Lugano Convention: Civil Jurisdiction andJudgments Act 1982, Schedule 3C (as inserted by Civil Jurisdiction andJudgments Act 1991, Schedule 1) 599

APPENDIX IV Dates of entry into force 615APPENDIX V European Court Decisions on the Regulation [Brussels

Convention] 617

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APPENDIX VI Figures 621A P P E N D I X VII Drafting agreements on choice of court (jurisdiction

clauses) 625

Index 633

XXHl