Modern Maritime Law and Risk Management




It has already been explained in the previous chapter that under English procedural law there are two broad types of jurisdiction bases by which the jurisdiction of the court can be invoked on the merits. The one depends merely on service of the proceedings on the defendant, without requiring substantive connecting factors between the claim and the jurisdiction, subject to certain exceptions (see Chapters 3, 4 and 5). The other is known as the ‘convention jurisdiction’ bases, which depends on jurisdiction rules as provided by International Conventions. Examples of International Conventions relating to maritime claims providing jurisdiction are briefly given in this Chapter, while the main emphasis is placed upon the Council Regulation (EC) 44/20011 (‘The Brussels Regulation’) which replaced the Brussels Convention 1968 on Civil Jurisdiction, Recognition and Enforcement of Judgments in Civil and Commercial Matters. It will be shown below how the jurisdiction of the English court may be restricted to determine the merits of a case and how conflict of jurisdictions is resolved by other Convention rules which are applicable to maritime disputes.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.