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Cross border consumer contractual disputes: Guidance on the rules of
jurisdiction and applicable law
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The Brussels Regulation and the
Lugano Convention
The
EU Member States have agreed new rules for deciding jurisdiction in
civil and commercial disputes.
They are set out in the Civil Jurisdiction and Judgments
Order 2001, which comes into force on 1 March 2002
(SI 2001 No. 3929).
The
Brussels Regulation replaces the 1968 Brussels Convention (Implemented in UK law through the Civil Jurisdiction and Judgments Act
1982). The EFTA countries (Iceland, Liechtenstein, Norway,
Switzerland and Poland) apply
the rules of the 1988 Lugano Convention, which is similar to the
Brussels Convention. Because
it has opted out of the Brussels Regulation, Denmark will continue
to follow the rules of the Brussels Convention.
The
following guidance notes explain the changes introduced by the consumer provisions of
the Brussels Regulation, as put into law through the Civil
Jurisdiction and Judgments Order, The Rome Convention, and
Jurisdiction outside the EU & EFTA
Brussels Regulation
Introduction
Summary
Scope of the Civil Jurisdiction and Judgments Order
General rules
Rules about contracts
Consumer provisions: Articles 15-17 of the Brussels Regulation
Frequently Asked Questions
1980 Rome Convention
Summary
Scope of the Rome Convention
Freedom of choice: Article 3
Applicable law in the absence of choice: Article 4
Consumer provisions: Article 5
Review of the Rome Convention
Jurisdiction and
applicable law in contractual disputes with consumers outside
the EU & EFTA
DTI Contact
| DTI
Enquiry Unit |
020
7215 5000 |

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