1

Conflict of Laws

1.1

General Introduction

1.2

Glossary

1.3

Foreign law in English courts

1.4

Sources of conflict of laws rules

1.5

Overview of some central conflict of laws topics

1.6

Classification (or Characterisation)

1.7

The “incidental question”

1.8

Renvoi

1.9

Substance and procedure

1.10

Public Policy

1.11

Foreign penal laws and revenue claims

2

Choice of law in contract

2.1

Rome Convention 1980

2.2

Temporal effect

2.3

Interpretation

2.4

Application – Subject matter

2.5

Application – Non-contracting states

2.6

Application within the United Kingdom

2.7

Renvoi

2.8

Party autonomy

2.9

Governing law in the absence of choice

2.10

Carriage of Goods

2.11

Scope of Applicable Law

2.12

Material Validity

2.13

Formal Validity

2.14

Mandatory rules of another law

3

Jurisdiction – Outline

3.1

Which regime? – Quick check

3.2

Council Regulation - Outline

3.3

Other Regimes - Outline

4

Jurisdiction – Council Regulation 44/2001

4.1

Interpretation

4.2

Scheme of Regulation 44/2001

4.3

Application of Regulation – Subject Matter - Art 1

4.4

Application of Regulation – Domicile of Defendant - Art 4

4.5

Application of Regulation – English Defendant - International Element - Art 4

4.6

Application of Regulation – English Defendant – No International Element - Art 4

4.7

Application of Regulation – English Defendant? – Domicile Rules - Art 4

4.8

Temporal application – Art 66

4.9

Other Conventions – Art 71

4.10

Public international law

4.11

Satisfying the court that it has Council Regulation jurisdiction

4.12

Exclusive Jurisdiction – Art 22

4.12

Entry of an Appearance – Art 24

4.13

Insurance, employment and consumer contracts – Arts 8 - 21

4.14

Jurisdiction Agreements – Art 23

4.15

Domicile of the Defendant – Art 2

4.16

Special Jurisdiction – Generally – Arts 5 - 7

4.17

Special Jurisdiction – Contract – Art 5(1)

4.18

Special Jurisdiction – Tort – Art 5(3)

4.19

Special Jurisdiction – Salvage – Art 5(7)

4.20

Special Jurisdiction – Other heads – Art 5(2), (4), (5) and (6)

4.21

Multiple party actions etc. – Art 6

4.22

Limitation actions –Art 7

4.23

Lis alibi pendens –Arts 27 - 30

5

Jurisdiction – Brussels and Lugano Conventions

5.1

Article 5(1) Special Jurisdiction in Contract

5.2

Article 6 Multiple defendants

5.3

Article 9 Insurers

5.4

Articles 18-21 Employment contracts

5.5

Article 22 Exclusive Jurisdiction

5.6

Article 23 Jurisdiction clauses

5.7

Article 27 Lis alibi pendens

5.8

Article 30 - When a court is seised?

6

Jurisdiction – English Jurisdiction Rules

6.1

English Approach to Jurisdiction

6.2

Service within the jurisdiction

6.3

Service outside the jurisdiction

6.4

Contract

6.5

Tort

6.6

Procedure and proof

6.7

Response by defendant

6.8

Non-discretionary grounds for challenging jurisdiction

6.9

Forum non conveniens – Outside the Council Regulation/Conventions

6.10

Forum non conveniens – Within the Council Regulation/Conventions

6.11

Anti-suit Injunctions – Outside the Council Regulation/Conventions

6.12

Anti-suit Injunctions – Within the Council Regulation/Conventions

6.13

Anti-suit injunctions after Turner v Grovit – Outside Council Regulation

6.14

Freezing Orders

6.15

Negative Declarations

7

Recognition and Enforcement of Judgments

7.1

At common law

7.2

Recognition and Enforcement under the Council Regulation

7.3

Enforcement under the Brussels and Lugano Conventions

7.4

Enforcement of judgments given by courts within the United Kingdom

7.5

Discretionary enforcement under the Administration of Justice Act 1920

7.6

Enforcement as of right under the Foreign Judgments (Reciprocal Enforcement) Act 1933

7.7

Procedure

7.8

Effect of Registration

7.9

European Enforcement Orders

7.10

Protection of Trading Interests Act 1980

8

Arbitration

8.1

Law governing arbitration agreement

8.2

Law governing arbitration proceedings

8.3

Law governing merits

8.4

Indirect international enforcement of arbitration awards

8.5

Jurisdiction and the New York Convention

8.6

Stay to arbitration - outline