Jurisdiction

in Private
International Law
 Introduction
a. Jurisdiction of a judiciary but not executive or
legislative branch, of a State;
b. Jurisdiction of domestic court in the context of
lawsuit having foreign element, but not
jurisdiction in context of geographical area a
court may take legal action or hierarchical
competency of courts within a judicial system
and
c.  Jurisdiction in a lawsuit having foreign element
especially in a civil case. Criminal jurisdiction
rests with public international law.
 Categorization of Jurisdiction
1.  Positive Jurisdiction
–  Doctrine of forum convenience
2.  Negative Jurisdiction
–  Doctrine of forum non convenience
3.  Conflict of Jurisdiction
–  Lis Pendens
–  Owusu v Jackson (2005) ECR I-1383
 Types of Jurisdiction
1.  General Jurisdiction
–  a link between the defendant (not claimant) and chosen
court is the general the basis for jurisdiction.
2.  Special Jurisdiction
–  Also called protective jurisdiction. A court has to give some
category of claimant, special protection, such as
employee.
3.  Exclusive Jurisdiction
–  A court may have exclusive jurisdiction regardless of the
domicile or habitual residence of a claimant or a
defendant. Example: immovable property, legal person,
public registrar, intellectual property, enforcement of
judgment.
 Traditional Rules
1.  Jurisdiction in action in rem
(When an action is brought seeking determination of
plaintiff's right in a thing (in rem), for example in a
peace of land, the court exercises a jurisdiction in action
in rem.)
Three types of lawsuit:
-  Admiralty law related
-  Status related (also known as quasi in rem)
-  Property related (also known as quasi in rem)
The main rule: the court where the res, 'thing' is
situated, has jurisdiction over.

 Jurisdiction in Action in personam
UNDER TRADITIONAL RULES, English courts
assumed jurisdiction in action in personam if:
•  the defendant is present in England when the
claim form (papers instituting suit) is served;
•  if the defendant submits to the court's
jurisdiction; and
•  the extended jurisdiction service abroad.
Jurisdiction in Action in Personam…
A COURT IS ENTITLED TO TRY AN ACTION, if:
•  there is an appropriate connection between the
defendant and the territory (forum), e.g. domicile
or habitual residence;
•  there is an appropriate connection between the
cause of action (claim) and the forum, e.g.
defendant committed a tort against the plaintiff
during his visit in local territory; and
•  if the defendant consents or submits to the
forum jurisdiction.

Jurisdiction in Action in Personam…
•  Against Whom Jurisdiction Cannot be Exercised
•  Some persons present at territory are immune
from the general rule of personal jurisdiction. The
following persons may claim immunity from the
jurisdiction:
•  Sovereigns and sovereign states
•  Ambassadors and other diplomatic personnel
•  UN and other international organization and its
officials.
•  For detail, see Cheshire, 15th Ed.