ABSTRACT
The primary ground of jurisdiction is that contained in article 2 of the Convention whereby a defendant shall be sued in the courts of their domicile. However, in certain situations special jurisdiction will exist under article 5, allocating jurisdiction in various categories of dispute, where relevant factors ascribe factual connections between the cause of action and the forum. The special contract rule contained within article 5(1) states that a person domiciled in a Contracting State may be sued in another Contracting State ‘in matters relating to a contract, in the courts for the place of performance of the obligation in question’. As a consequence, the English courts would have jurisdiction under article 5(1) of the Brussels Convention. The primary ground of jurisdiction is that contained in article 2 of the Convention whereby a defendant shall be sued in the courts of their domicile. A dilemma prevails over the correct categorisation of restitutionary claims under the Convention.
