|
Publishers Abstract:
It is uncontroversial that Regulation 44/20011 -- like the Brussels Convention before it -- regulates the civil jurisdiction of Member States in two ways. It confers jurisdiction on national courts in cases connected with the State concerned, and with the Community. And it allocates jurisdiction when different Member States have competence. Regulation 44/2001 provides no instructions. Owusu v. Jackson concerns the scope of the European jurisdiction regime in cases connected with non-Member States. Konkola Copper Mines Plc v. Coromin suggests that in cases involving third-state jurisdiction agreements, English law survives unscathed. Only in cases congruent with Owusu itself, involving neither parallel proceedings, nor a jurisdiction agreement, might resort to national law be foreclosed. The boundary between national law and the European jurisdiction regime remains troubled. Owusu has not settled the question of civil proceedings involving third States. In Owusu the Court effectively answered a question it claimed not to have asked.
|
