The onus is on the Plaintiff to show that his claim falls within one of the exclusive jurisdiction rules. The rules on exclusive jurisdiction cannot be the subject of a contrary agreement. Therefore even if there is a choice of law the court chosen must declare it has no jurisdiction where the subject matter relates to one of the exclusive jurisdiction rules. The nature of […]
Agreement for Jurisdiction Parties can agree that a particular state’s courts will have jurisdiction. There is no requirement that there is any connection between the parties to the dispute and the forum (court) designated to hear the disputes. Subject to the rules on exclusive jurisdiction in the Brussels 1 Regulation (Recast) the general principle is that a choice of jurisdiction clause in an agreement is […]
Commencement of proceedings Where the basis of the court’s jurisdiction is the Brussels 1 Regulation, the Brussels Convention or the Lugano Convention, a statement must be endorsed on the summons (or notice of summons) that the court has power to hear and determine the claim. It should specify the provision of the Regulation or Convention relied on; It should state that no proceedings have been […]
General Rules The Brussels Convention was replaced by regulation 44/2001, the Brussels Regulation. This dealt with recognition and enforcement of judgements in claims with an international element that came within the scope within EU member states. This was replaced by regulation 1215/2012 described as the Brussels I Regulation (recast). The Brussels Regulation sets out in which states a person may or must be sued and […]
Leave to serve proceedings out of the State is regulated by Order 11 of the Rules of the Superior court. They define the right to litigate against non-Irish defendants, where the EU rules do not apply. The EU rules may apply to cases involving multiple defendants some of whom are in some of whom are not domiciled in a member state in the EU (or […]
Stay for Appropriate Court The Courts may stay proceedings on the basis that Ireland is not the appropriate Court. There is a similar but more precise provision in cases under the European Union rule. With the non-European Union rules, the position is much more discretionary. Where proceedings are commenced in Ireland on the basis of serving the defendant while present or seeking the Court’s permission […]
Special jurisdiction Alternative grounds of jurisdiction are set out in Brussels 1 Regulation (recast). They give the plaintiff the option to take proceedings in an EU state other than that in which the defendant is domiciled. However, the plaintiff need not necessarily do so. The EU courts have interpreted the rules of special jurisdiction as an exception which should be interpreted restrictively. The predominant principle […]
Exclusive Jurisdiction The Brussels 1 Regulation (Recast) provides for cases where EU member states have exclusive jurisdiction. In these cases, the Regulation applies. regardless of the domicile of the parties. Where the court of a member state deals with a claim which is principally concerned with a matter over which the courts of another EU state have exclusive jurisdiction, it shall of its own motion […]
Consumer Contracts Consumer contract rules relate to a dispute arising out of a contract. One of the parties must have entered the contract outside his trade or profession. The contract must relate to one of the following: sale of goods or supplies, instalment credit terms, contract for a loan repayable in instalments or other contract to refinance the sale of goods, contract for sale of […]
Common Law Rules The rules set out in other chapters regarding EU disputes apply only when the conditions in them are satisfied. There is generally a dispute between EU-based parties. Where the EU rules don’t apply the traditional common law rules apply. These are quite different in that they are more discretionary and less mandatory. The EU rules do not apply where the defendant is […]