ABSTRACT
The Convention makes express provision to preserve the continued operation of international Conventions which govern jurisdiction and the recognition of judgments. It also deals with the relationship between the Lugano Convention and rules of European law, and although this is not directly relevant to proceedings before the English courts, it must be mentioned for the sake of completeness, for it may be relevant when a defendant with a domicile in the United Kingdom is sued before the courts of a Member State. Its relationship with the 2005 Hague Choice of Court Convention is complex. A problem arises when proceedings are commenced in a court on the basis of a particular convention, but there are proceedings already pending before the courts of another Lugano State which considers itself to have jurisdiction – under the particular convention or otherwise – to hear them.
