Unit 8 - Jurisdiction And Applicable Law

Front 1

Distinguish between the terms jurisdiction and applicable law.

Back 1

Jurisdiction is the location for the proceedings. Applicable law refers to which law is used (or the law that governs the contract).

Front 2

Name the regulation that gives the rules for Jurisdiction within the EU.

Back 2

The Brussels Regulation.

Front 3

What does EFTA stand for?

Back 3

European free trade area. COuntries not in the EU but which can still trade freely (ex: Norway). Subject to the Brussels Regulation.

Front 4

When is the Brussels Regulation used?

Back 4

When a defendant has habitual residence in an EU member state. (Registered office location for companies)

Front 5

Discuss the special rules for jurisdiction for contracts and tort under the Brussels Regulation.

Back 5

Contract - A defendant can be sued where contractual obligation should have been performed.

Tort - A defendant can be sued where the damage is felt (so the company is not sued in multiple places).

Front 6

Discuss the jurisdiction for consumer contracts under the Brussels regulation.

Back 6

- Consumer can sue other party either where party is domiciled or where consumer is domiciled.

- Other party can only sue consumer where consumer is domiciled.

Front 7

Is indirect damage enough to confer (move) jurisdiction?

Back 7

Only the place where "the damage occurred" can be used. This means indirect damages play no role to the jurisdiction of the court. (Antonio Marinari v Lloyds bank)

Front 8

Can the defendant be sued under multiple jurisdictions if damages have occurred as such?

Back 8

Consequences can "multiply unreasonably" the possible jurisdictions. If a party has experienced the repercussions of an event already in another member state of the Brussels convention, legal proceedings stop.

Front 9

How are decisions recognized and enforced across different countries?

Back 9

Judgements taken under a member state of the Brussels regulation are enforced across all contracting states. For non contracting states, it depends on treaties with those countries. (Thus U.S. and Japan are problematic for e-commerce decisions in UK).

Front 10

The Brussels regulation defuses torpedo actions. What is a torpedo action?

Back 10

Stalling technique. When there are two or more court hearing the same count simultaneously. Ex:

Country A <- 1

Country B <- 2 (Must wait until #1 is finished).

Front 11

Name four changes in Brussels Regulation.

Back 11

1. Automatic enforcement across member states.

2. Country only required to stay when case bought in court of choice.

3. When non- EU parties agree to EU jurisdiction, court cannot refuse.

4. If arbitration terms were specified in contract and party goes to court, court will refuse and proceedings will continue with arbitrator.

Front 12

What is jurisdiction in personam?

Back 12

The long arm of the law. English courts can exercise jurisdiction over anyone in England regardless whether their stay is permanent.

Front 13

When the rules used to determine the applicable law conflict, which convention is used?

Back 13

The Rome Convention of 1980.

Front 14

Name Art 3, Rome convention.

Back 14

A contract will be governed by the law expressly chosen by the parties (but the choice of law cannot bypass relevant circumstances, example unfair contract terms act 1977).

Front 15

Name Art 4, Rome Convention

Back 15

In absence of explicitly specified choice, contracts governed by law of most closely connected country,

Front 16

Name Art 5, Rome Convention

Back 16

Parties in consumer contract cannot deprive consumer of protection by law of the country by the consumer's habitual residence.