ABSTRACT
Main implementing provisions 163 1 Interpretation of references to the Conventions and Contracting States 163 2 The Brussels Conventions to have the force of law 164 3 Interpretation of the Brussels Conventions 165 3A The Lugano Convention to have the force of law 165 3B Interpretation of the Lugano Convention 165
P art IV Miscellaneous provisions 165
Provisions relating to jurisdiction 165 24 Interim relief and protective measures in cases of doubtful jurisdiction 165 25 Interim relief in England and Wales and Northern Ireland in the absence of substantive proceedings 166 26 Security in Admiralty proceedings in England and Wales or Northern Ireland in case of stay, etc 166
Provisions relating to recognition and enforcement of judgments 167 31 Overseas judgments given against States, etc 167 32 Overseas judgments given in proceedings brought in breach of agreements for settlement of disputes 167
33 Certain steps not to amount to submission to jurisdiction of overseas court 168 34 Certain judgments a bar to further proceedings on the same cause of action 168
P art V Supplementary and general provisions 169
Domicile 169 46 Domicile and seat of the Crown 169
49 Saving for powers to stay, sist, strike out or dismiss proceedings 169
PART I IMPLEMENTATION OF THE CONVENTIONS
Main implementing provisions
(1) In this Act –
‘the 1968 Convention’ means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters (including the Protocol annexed to that Convention), signed at Brussels on 27th September 1968;
‘the 1971 Protocol’ means the Protocol on the interpretation of the 1968 Convention by the European Court, signed at Luxembourg on 3rd June 1971;
‘the Accession convention’ means the Convention on the accession to the 1968 convention and the 1971 Protocol of Denmark, the Republic of Ireland and the United Kingdom, signed at Luxembourg on 9th October 1978;
‘the 1982 Accession Convention’ means the Convention on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, signed at Luxembourg on 25th October 1982;
‘the 1989 Accession Convention’ means the Convention on the accession of the Kingdom of Spain and the Portuguese Republic to the 1968 convention and the 1971 Protocol, with the adjustments made to them by the Accession convention and the 1982 Accession Convention, signed at Donostia-San Sebastian on 26th May 1989;
‘the 1996 Accession Convention’ means the Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the 1968 Convention and the 1971 Protocol, with the adjustments made to them by the Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention, signed at Brussels on 29th November 1996;
‘the Brussels Conventions’ means the 1968 Convention, the 1971 Protocol, the Accession Convention, the 1982 Accession Convention, the 1989 Accession Convention and the 1996 Accession Convention;
‘the Lugano Convention’ means the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, between the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark signed on behalf of the European Community on 30th October 2007;
‘the Maintenance Regulation’ means Council Regulation (EC) No 4/2009 including as applied in relation to Denmark by virtue of the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark;
‘the Regulation’ means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as amended from time to time and as applied by the Agreement made on 19th October 2005 between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ No. L 299 16.11.2005 at p 62).
