Topic 7: Brussels 1 Regulation 1

The power of a court to decide a case, determined by rules and laws.

A European Union regulation that sets rules for determining which courts in EU member states have jurisdiction over disputes.

The process of determining which court or tribunal is the appropriate forum to hear a case, based on specific criteria.

Deals with the rules applicable to contracts, including which country's laws should be applied.

The authority of a court or tribunal to make a decision that is binding and enforceable.

The general rule for determining jurisdiction under the Brussels I Regulation is that the defendant must be domiciled in a member state.

The defendant must be domiciled in a member state for the Brussels I Regulation to apply. This is a pre-requisite for any jurisdiction determination under the Regulation.

There are specific situations where the general Brussels I rules do not apply, and instead, the Regulation itself designates the competent jurisdiction, irrespective of the defendant's domicile. These are called 'exclusive grounds of jurisdiction.'

When dealing with 'exclusive grounds of jurisdiction,' the general rules of Brussels I are disregarded, and the regulation determines the competent court without considering the defendant's domicile.

In cases involving exclusive grounds of jurisdiction, the Brussels I Regulation applies despite the defendant's domicile not being in a member state.

A legal concept that pertains to the domicile of the claimant, suggesting the court in the claimant's place of residence is likely to have jurisdiction.

A legal principle where jurisdiction is determined by the domicile of the defendant. It argues for a fair trial where the defendant can easily access evidence and defend themselves.

An approach to jurisdiction that considers the physical location of the defendant, regardless of their domicile. Even a temporary presence can lead to jurisdiction.

A common law concept where a court, even if competent to hear a case, can choose to transfer the case to another court deemed more suitable for the trial. This concept is not applicable under EU law.

A legal remedy available under common law where a court orders a party to refrain from pursuing a lawsuit in another court, typically when there is an existing agreement regarding jurisdiction.

A dispute resolution process conducted outside of regular court proceedings, where parties agree to have their differences resolved by neutral third parties called arbitrators.

The official text of a legal act or law may be revised or updated, commonly termed as 'recast' to reflect changes.

The specific areas or types of legal matters that a regulation is intended to cover and apply to.

Actions taken by a state when acting in its sovereign capacity, often involving official functions like defense, international relations, or public administration.

A formal process where a judgment or legal decision made in one jurisdiction is recognized and enforced in another jurisdiction.

A ruling by a Member State court on the validity of an arbitration agreement is not subject to the recognition and enforcement rules of the Brussels I Regulation, even if the court decided on this as a primary or secondary issue.

If a Member State court, under Brussels I or national law, rules an arbitration agreement invalid, this doesn't prevent the court's judgment on the case itself from being recognized or enforced under Brussels I.

Brussels I Regulation doesn't apply to procedural matters in arbitration, including establishing an arbitral tribunal, arbitrator powers, arbitration conduct, and annulment, review, appeal, recognition, or enforcement of an arbitral award.

The Brussels I Regulation establishes guidelines for determining which Member State court has jurisdiction in civil and commercial matters.

Jurisdiction in civil and commercial matters is typically based on the defendant's domicile, meaning the court where they 'live' or have their main business, according to the Brussels I Regulation.

The general rule of jurisdiction based on the defendant's domicile applies to all persons domiciled in a Member State, regardless of their nationality.

Rules of jurisdiction for non-nationals domiciled in a Member State are the same as those for nationals of that Member State, according to Brussels I.

Exceptions to the general rule of defendant's domicile are defined in Sections 2-7 of Chapter 1 of the Brussels I Regulation.

The defendant's domicile is used as a secondary criteria for jurisdiction, only after ruling out other possibilities, including exclusive grounds, prorogation of jurisdiction, and special grounds.

If the defendant isn't domiciled in a Member State, the jurisdiction of courts in each Member State is determined by its own national law, subject to specific provisions of the Brussels I Regulation.

A person domiciled in a Member State can use the rules of jurisdiction of that Member State, including national provisions, against a defendant not domiciled in the EU, the same way as a national of that Member State.

Jurisdiction based on exclusive competence is a primary factor considered when determining which court has jurisdiction, taking precedence over the defendant's domicile.

Prorogation of jurisdiction allows parties to agree in advance which court should have jurisdiction, overriding the general rules based on the defendant's domicile.

Special grounds for jurisdiction provide specific circumstances where courts have jurisdiction beyond the defendant's domicile, often tied to the nature of the case.