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CHAPTER 5 Material and other scope of the Lugano Convention

Civil Jurisdiction and Judgments


Page 54

CHAPTER 5

Material and other scope of the Lugano Convention

5.01 General

For the Lugano Convention to determine jurisdiction in a particular matter, the proceedings must fall within its domain. If they do not, the Convention has no relevance or application to the jurisdiction of the court: in such cases, courts will apply their national law rules on jurisdiction, including where applicable those rules of exorbitant jurisdiction referred to by Article 3 of the Convention. It goes without saying, of course, that if the European Union vetoes the United Kingdom’s application to join the Lugano Convention, none of this will apply and one will go directly to the rules in Part C of this book.

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