Jurisdiction and conflict of law

Question 1

What 6 conditions are needed to enforce a jurisdiction using the Hague Convention? (no permission needed)

Answer 1

1. commercial contract
2. in writing
3. not a consumer/employment matter
4. gives jurisdiction to contracting state e.g. UK
5. exclusive jurisdiction clause
6. asymmetric agreement

Question 2

How can you enforce a jurisdiction using the common law? (3)

Answer 2

1. possible to serve within EW i.e. person is present (no permission)
2. court gives permission to serve outside
3. exclusive clause in contract (no permission)

Question 3

How long do you have to serve outside a jurisdiction?

Answer 3

6 months

Question 4

How do you determine the governing law if there is no clause in contract? (3)

Answer 4

i. Article 4 situations; or

ii. characteristic performer’s habitual residence; or

iii. manifestly more connected place?

Question 5

How do you determine the governing law in tort if the parties have not agreed? (3)

Answer 5

i. both parties in the same country; or

ii. country where damage occurs; or

iii. MMC for both of the above

Question 6

How do you apply to court for permission to serve outside? (3)

Answer 6

1. Establish ground e.g. where contract was made, breach
2. Reasonable prospect of success
3. Proper place to bring claim is EW e.g. witnesses are based