Workshop 10 Adapt Preparation

1. Introduction to jurisdiction and conflict of laws – Jurisdiction and

conflict of laws

Introduction

 This element introduces the topic of conflict of laws and determining whether the courts of
England and Wales have jurisdiction to determine a claim.

International aspects of a dispute

Law and jurisdiction contrasted

N.B.: The phrase ‘conflict of laws’ relates to the 2 nd question which is about whether a dispute is
determined according to the law of England & Wales or some other country’s law.
Why does it matter?

Upcoming elements

2. Jurisdiction: the Hague Convention – Jurisdiction and Conflict of

Laws
Introduction

 This element introduces you the Hague Convention on Choice of Court Agreements which
gives effect to certain jurisdiction agreements in international disputes

Intro (continued)
Jurisdiction

Overview
Civil and commercial matters

Exclusions

Jurisdiction to a contracting state?

Exclusive jurisdiction

Concluded/evidenced in writing
Asymmetric agreements

Key principles

3. Jurisdiction: the common law – Jurisdiction and Conflict of Laws

Introduction

 This element introduces you to the common law in relation to determining whether the
courts of England and Wales have jurisdiction to determine a dispute
International aspects of a dispute

The relevance of service

Serving the proceedings on the defendant in the jurisdiction

Permission to serve the proceedings on the defendant outside of the jurisdiction

Permission – grounds in 6B PD 3.1

Permission – reasonable prospects of success

Permission – England and Wales is the ‘proper place’

Jurisdiction clauses
4. Serving a claim form outside the jurisdiction – Jurisdiction and
conflict of laws
Introduction

 This element covers how to serve the claim form and other documents out of the
jurisdiction effectively.

Intro(continued)

Validity of process
Service out – permission

Service out – procedure

Service outside the UK – methods

Response times

Summary of links between basis of jurisdiction, need for permission and service
5. Difficulties with service – Jurisdiction and conflict of laws
Introduction

 Covers types of service that may be possible when the usual methods of service will not be
effective

Difficulties with service

Alternative service (CPR 6.15)

N.B. I feel like the difference between the last 2 paragraphs are that if the claimant takes steps to
bring the claim form to attention of defendant by an alternative method of service but it is not
completed yet, the court can order to continue with the alternative method of service. However, if
the claimant has completed the alternative method of servicing documents to the defendant, the
claimant cannot then use the alternative service application under CPR 6.15 to remedy
retrospectively the alternative service method that he has conducted.
Dispensing with service (CPR 6.16)

6. Disputing or submitting to the court’s jurisdiction

Introduction

 This element explains procedural and substantive aspects of disputing the court’s jurisdiction

Disputing the court’s jurisdiction

Substance of the objection

Procedure

Submitting to the court’s jurisdiction

N.B.: If defendant wants to avoid submitting to court’s jurisdiction, he should not file a defence even
if the defence repeats the statement of the acknowledgement of service that there is a challenge to
its jurisdiction.

7. Conflict of laws: contract – Jurisdiction and conflict of laws

Introduction

 This element introduces you to key principles in determining which country’s laws govern a
contractual dispute

Intro (continued)

Relevant legislation
Elements in this head summary diagram

The parties’ choice

Articles 4(1)(a) to (h) – types of contract

Articles 4(2) – characteristic performance

N.B.: The line ‘Which party is giving the performance which gives the character its character?’ is
confusing. The first ‘character’ is referring to the general meaning of character and the second
‘character’ refers to the specific character of the performance. The general character of the
performance constitutes the performance of both parties and the specific character of the
performance is referring to the party that is effecting the ‘characteristic performance’ character.
Hence, the confusing line can be restructured as: ‘Which party is giving the performance which
gives the general character of the performance its “characteristic performance” character?’

Articles 4(3) – manifestly more closely connected

Example
8. Conflict of laws: tort – Jurisdiction and conflict of laws
Introduction

 This element introduces to key principles in determining which country’s laws govern a
tortious dispute.

Intro (continued)
Relevant legislation

Flow chart
The parties’ choice

Parties resident in the same country

General rule – law of the country where the damage occurs

Article 4(3) – manifestly more closely connected

Example
9. Jurisdiction and conflict of laws within the UK – Jurisdiction and
conflict of laws
Introduction

 This element addresses issues of jurisdiction and conflict of laws within the UK

Intro (continued)

Conflict of laws

Jurisdiction
Exclusive jurisdiction, jurisdiction agreements and submission

Basic rule – sue where D is domiciled

Additional jurisdiction