International Conventions on
Jurisdiction
Private International Law
The team
2021-26 DIV B
Tanya Jha Michelle Subin Ritika kumari Jha
PRN: 21010421214 PRN: 21010421258 PRN: 21010421164
Table
of contents
01 Introduction
04 Lugano Convention
02 Hague Convention
05 Conclusion
03 Brussels Convention
Introduction
Jurisdiction in Private International Law plays a crucial role in determining
which country’s courts have the authority to hear and decide cross-border
legal disputes. Given the complexities of international legal relationships,
harmonizing jurisdictional rules is essential to avoid conflicts and ensure
legal clarity.
The Hague Conventions focus on a range of issues, including jurisdiction
in specific areas like child abduction and international contracts,
establishing rules that help courts decide which jurisdiction applies.
The Brussels Convention (1968), now replaced by the Brussels I
Regulation, originally regulated jurisdiction and the recognition of
judgments within the European Economic Community (EEC), aiming to
streamline cross-border legal processes.
Similarly, the Lugano Convention (1988) extends the principles of the
Brussels Convention to European Free Trade Association (EFTA) countries,
ensuring that jurisdictional rules and the enforcement of judgments are
consistent across these regions.
The Hague Convention
Established in 1893 (by Tobias Asser, a Dutch jurist) in
order to unify the rules of private international law and
promote cooperation between states on matters of
cross-border legal issues in civil and commercial law.
The Hague Conference currently has 91 members
(including both countries and regional organizations)
Over 40 Hague Conventions have been adopted
Hag ue C onv e n tio n o n the Se rv ic e
C on ven tio n o n Ch oic e of
a nd Ex tra ju dic ia l Hague Convention on Hague
Abroad of Jud icia l the Civil 00 5) :
Court A gre em en ts (2
Documents (1965) Aspects of Internatio
nal Child
Abduction (1980)
rt icle 1: Applies to civil or
• A of court
ents • Article 3: A choice
commercial judicial docum • Article 1: Th
e objective is t m e n t m us t b e ex c lusive
ad. o agree
that need to be served abro secure the pr
ompt return o unless otherwise agre
ed.
children wrong f
s of the
fully removed t
o • Article 5: Court
rticle 2 : Each contracting or retained in m u st h e a r the
• A any contracting chose n s ta te
ntral state.
state designates a "Ce ca se un le s s th e a g ree ment is
ests • Article 3: D
Authority" to receive requ efines wrongfu
l invalid.
removal or rete 9 : C ou rts n o t c hosen
for service. ntion of a child • Art ic le
in violation of c e ag re e m e n t must
ustody rights. unde r th
• Article 12: If
• Article 5: The Ce
ntral a child has bee
n decline jurisdiction.
wrongfully
ent removed,
Authority serves the docum authorities in th the
s for it to be served. e country where
or arrange the child has b
een taken mus
return the child t
immediately.
The Brussels Convention
Established rules for jurisdiction and the enforcement
of judgments in civil and commercial matters among
member states of the European Communities.
Signed: September 27, 1968
Signatories: Initially signed by Belgium, France,
Germany, Italy, Luxembourg, and the Netherlands.
Emerged during increased economic integration in
Europe.
The Brussels Convention
Key Features:
- Determined which court had jurisdiction in cross-
border disputes and enforcement of judgements in
civil and commercial matters.
- Facilitated the recognition and enforcement of
judgments across member states.
Amendments: The convention underwent several
amendments but was largely replaced by the Brussels I
Regulation in 2001.
Development & Adoption
Involved diverse legal traditions and
systems
• Goals: Significance Today
Establish clear jurisdiction rules • Foundation for Modern Regulations: Preceded
Ensure recognition of judgments across by Brussels I Regulation (2001)
member states. • Key Features:
Promote legal certainty and predictability Clear jurisdiction rules for cross-border
disputes
Facilitated recognition/enforcement of
judgments
Enhanced judicial cooperation among member
states
Brussels I Regulation (2001)
• Introduction: Came into effect on March 1, 2002, and aimed to
modernize and simplify the rules established by the Brussels Convention.
• Scope: Applied to all EU member states except Denmark, which opted
out.
• Key Changes:
- Clarified jurisdictional rules and streamlined procedures for enforcing
judgments.
- Enhanced legal certainty for businesses and individuals engaged in
cross-border transactions.
- Recast Regulation (2012): Further updated to improve clarity and
effectiveness, ensuring better alignment with contemporary legal needs.
The lugano Convention
The Lugano Convention has its roots in the earlier
Brussels Convention of 1968, which established rules for
jurisdiction and enforcement of judgments in civil and
commercial matters among EU member states.
The first Lugano Convention was signed in 1988 between
EU member states and members of the European Free
Trade Association (EFTA) to extend similar legal
protections to EFTA countries like Iceland, Norway, and
Switzerland
The Convention on jurisdiction and the recognition and
enforcement of judgments in civil and commercial
matters, signed by the contracting parties in Lugano on
30 October 2007
EFTA MEMBERS
Denmark Norway
Iceland Switzerland
The Lugano
Convention
It attempts to clarify which national courts
have jurisdiction in cross-border civil and
commercial disputes and ensure that
judgments taken in such disputes can be United Kingdom & Brexit
enforced across borders.
The UK has applied to accede to the
The Lugano Convention allows parties to convention as an independent member
litigation to have judgments recognised and now that it has left the EU.
enforced in the national courts of its
members. This would require the agreement of all
signatories, but the EU has
Applies when both the state of origin and recommended that member states to
the state addressed are parties to the say no to the UK’s accession.
convention.
Europe
Map
Chronology of
Conventions
1980
Hague Convention on
the Civil Aspects of
International Child
1893 Abduction
1968
The first Hague
The Brussels Convention
Convention 1965
Hague Convention on the
Service Abroad of Judicial
and Extrajudicial
Documents
Chronology of
Conventions
2007
The Convention on
jurisdiction and the
recognition and
1988 enforcement of
2005 judgments in civil and
The first Lugano commercial matters
Hague Convention on
Convention 2001 Choice of Court
Brussels I Regulation Agreements
Conclusion
In conclusion, the exploration of jurisdiction in private
international law through the Hague, Brussels, and Lugano
Conventions highlights the evolution and significance of
legal frameworks governing cross-border disputes.
Together, these conventions reflect the growing need for
cohesive legal mechanisms in an increasingly globalized
world. They provide essential tools for resolving conflicts
of law, ensuring that individuals and businesses can
navigate international legal landscapes with greater
confidence.
Thank
you!
