PRACTICE NOTES
Lugano Convention 2007: special (Arts 5–6) and exclusive (Art 22) jurisdiction, multi‑defendant, third‑party and counterclaims, and post‑Brexit UK third‑state implications
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This Practice Note reviews the provisions set out in the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano on 30 October 2007 (the Lugano Convention 2007), that address special and exclusive jurisdiction. The analysis addresses how these provisions function across civil and commercial disputes. It covers:
Article 5, which concerns, among other matters, claims in contract and in tort, and related issues;
Article 6, which relates to situations involving multiple defendants, the involvement of third parties, or the bringing of counterclaims.
It further assesses the various categories of claims encompassed by Article 22, under which the courts of a contracting state exercise exclusive jurisdiction in specified matters. Lastly, it considers the implications for applying Article 22—which operates irrespective of the parties’ domicile—now that the UK is no longer bound to the convention by virtue of its EU membership and is treated as a so‑called third state for the purposes of the convention’s application...
Dispute Resolution