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CHAPTER 6 Jurisdiction under another convention or instrument

Civil Jurisdiction and Judgments

Page 85


Jurisdiction under another convention or instrument

6.01 General

The Lugano Convention is an international treaty. As such, it could not properly abrogate any prior treaty or other international instrument dealing with jurisdiction and the recognition of judgments, except to the extent that it was one by which only Lugano States were bound. The Convention makes express provision to preserve the continued operation of international Conventions which govern jurisdiction and the recognition of judgments. It also deals with the relationship between the Lugano Convention and rules of European law, and although this is not directly relevant to proceedings before the English courts, it must be mentioned for the sake of completeness, for it may be relevant when a defendant with a domicile in the United Kingdom is sued before the courts of a Member State. Its relationship with the 2005 Hague Choice of Court Convention is complex.

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