Hague-Visby rules meaning

This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute. This Checklist explains how to assess jurisdiction for a particular civil dispute in Ireland. In doing so, it reviews the regimes under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. It sets out a high-level overview to help decide whether proceedings ought properly to be brought in Ireland. For guidance on: the particular court in which to issue proceedings, see Practice Note: Ireland-Starting a civil action pre-action considerations before pursuing a civil claim in an Irish court, and the steps to commence and advance a claim in Ireland, see Practice Notes: Ireland-Starting a civil action and Ireland-Pre-action conduct; and for initiating and case managing a civil claim, see Ireland-Progressing and managing a High Court civil claim further elements of Irish civil litigation, see: Ireland-Alternative dispute resolution and settlement-overview, which links to detailed guidance on specific...

ARCHIVED : This Practice Note has been archived and is not maintained. A range of jurisdictional regimes dictates whether a court may hear a dispute. This Checklist reviews the anticipated impact of Brexit on how different courts apply those rules when determining the effect of a particular jurisdiction agreement (also referred to as a choice of court agreement) after exit day. The rules examined are: Regulation (EU) 1215/2012, Brussels I (recast) Lugano Convention 2007 Brussels Convention Hague Convention on Choice of Court Agreements national laws It does not address Regulation (EC) 44/2001, Brussels I since, with the passage of time, it is unlikely to be relevant for determining jurisdiction. Nor does it cover specialist conventions dealing with jurisdiction, such as the United Nations Convention on the Carriage of Goods by Sea (Hamburg rules). The Checklist assesses any change (if any) in the application of these rules as a consequence of Brexit, including the effect of the saving provisions...

In this issue: Key DR developments Claims and remedies Cross-border disputes Dates for your diary Useful information Daily and weekly news alerts Key DR developments Practice Direction update 168th PD update: Approval has been given by the Master of the Rolls and the Parliamentary Under-Secretary of State for Justice to the 168th update to the Practice Directions under the Civil Procedure Rules (CPR). This update alters CPR PD 51ZC, prolonging the small claims paper determination pilot until 1 December 2024; that change took effect on 31 May 2024. It also revises CPR PD 74A to provide for the registration of foreign judgments for recognition and enforcement pursuant to the Hague Judgments Convention. The amendments to CPR PD 74A will commence when the Hague Judgments Convention comes into force in the UK—see LNB News 06/06/2024 6—168th Practice Direction update. Guidance and reports Birmingham Business and Property Courts’ local guidance updated: The Courts and Tribunals Judiciary (CTJ)...

In this issue: Sustainable finance and ESG weekly round-up Economic Crime and Corporate Transparency Act 2023 Lending Acquisition finance Shipping finance Real estate finance Sustainable finance Debt capital markets Derivatives Regulation for banking lawyers Sanctions Daily and weekly news alerts New and updated content Useful information Sustainable finance and ESG weekly round-up For a summary of this week’s Sustainable finance and ESG developments, see Sustainable finance and ESG weekly round-up—14 November 2024. Economic Crime and Corporate Transparency Act 2023 Economic Crime and Corporate Transparency Act 2023 (Commencement No 3) Regulations 2024 (SI 2024/1108): Provisions in ECCTA 2023 on civil recovery of cryptoassets in Scotland took effect on 7 November 2024, and measures introducing the UK-wide offence of failure to prevent fraud will commence on 1 September 2025. See: LNB News 07/11/2024 12. Unique Identifiers (Application of Company Law) Regulations 2024 (SI 2024/Draft): These draft Regulations would widen...

In this issue: Arbitration in England & Wales International arbitration Treaty arbitration Institutional and ad hoc arbitration Other arbitration and ADR-related news and developments Daily and weekly news alerts New and updated content Useful information Arbitration in England & Wales The Arbitration Act 2025 (Commencement) Regulations 2025 The Act revises the Arbitration Act 1996 on how arbitral proceedings are conducted and overseen in England and Wales, and in Northern Ireland. It adds rules on the governing law of arbitration agreements, arbitrators’ disclosure duties, emergency arbitrators, and the court’s supportive powers in aid of arbitration. Having received Royal Assent in February 2025, it will take full effect on 1 August 2025, pursuant to the Arbitration Act 2025 (Commencement) Regulations 2025 (SI 2025/905 (C. 41)). The Regulations bring the reforms into operation across these jurisdictions. See the SI dated 16th July 2025 and available here. Commercial Court rejects appeal under s 69 AA 1996 in cargo...

What is the PCA? The Permanent Court of Arbitration (PCA) is the oldest intergovernmental organisation devoted to enabling the peaceful settlement of international disputes. Based in The Hague, it was created by the 1899 Convention for the Pacific Settlement of International Disputes, signed at the close of the first Hague Peace Conference in 1899. Initially centred on state‑to‑state arbitration, the PCA now administers and offers related services for matters involving states, state‑controlled entities, intergovernmental organisations and private parties... The PCA Arbitration Rules In December 2012, the PCA issued its Arbitration Rules (the PCA Rules). These Rules superseded and replaced four earlier PCA rule sets: 1992 Optional Rules for Arbitrating Disputes between Two States (PCA State/State Rules) 1993 Optional Rules for Arbitrating Disputes between Two Parties of Which Only One is a State (PCA State/International Organisation Rules) 1996 Optional Rules for Arbitration Involving International Organisations and States, and 1996 Optional Rules for Arbitration between International Organisations and Private Parties ...

Practice Note: Service of applications and documents in family proceedings outside the jurisdiction of England and Wales This Practice Note sets out guidance on serving applications for matrimonial or civil partnership orders, and other family proceedings documents, beyond England and Wales. It addresses service in Scotland or Northern Ireland, in states party to the Hague Service Convention, and in all remaining countries, for proceedings started on or after 6 April 2022. It outlines the deadlines for service and for acknowledging service of matrimonial and civil partnership applications, and also considers when a translation is required. For proceedings issued before 6 April 2022, see Practice Note: Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020). For provisions on serving court documents within the EU before implementation period (IP) completion day (11 pm on 31 December 2020), see: Service on a party in an EU Member State before IP completion day. The rules governing service of application forms/notices and other documents outside the jurisdiction of England and Wales, together...

This Practice Note provides links to Lexis+® UK flowcharts covering a broad spectrum of family law topics, including divorce and dissolution, applications under Part 18 of the Family Procedure Rules 2010 (FPR 2010), reporting restriction orders, financial provision, public children, international children, court bundles and appeals. The flowcharts outline the procedural steps to follow in a range of family proceedings. Each flowchart sits within a Practice Note that signposts key overviews, related Practice Notes, precedents, procedural guides, client guides, legislation, cases, forms and suggested further reading. Divorce and dissolution proceedings issued after 6 April 2022 (post-DDSA 2020) The following flowchart is intended for use in relation to divorce and civil partnership dissolution proceedings issued on or after 6 April 2022 (post-DDSA 2020): Divorce or civil partnership dissolution, sole application, standard case (post-DDSA 2020)—flowchart Divorce and dissolution proceedings issued before 6 April 2022 (pre-DDSA 2020) The following flowcharts are intended for use in relation to divorce and dissolution proceedings issued before 6...