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JURISDICTION: Courting certainty

10 October 2014  

Conrad Walker and Helen Rowlands report on a recent High Court ruling clarifying the scope of ‘proceedings’ and ‘court’ in Articles 27 and 30 of the Lugano Convention

The Lugano Convention governs issues of jurisdiction and enforcement of judgments between EU member states and European Free Trade Association countries, other than Liechtenstein. A fundamental principle of the Convention is to limit the possibility of concurrent proceedings in different jurisdictions, thereby reducing the risk of irreconcilable judgments. The recent High Court ruling in Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH [2014] on the scope of ‘proceedings’ and ‘court’ in Articles 27 and 30 of the Convention is a pragmatic decision, consistent with the overall aim of the Convention.

Additional Info

  • Case(s) Referenced:

    Lehman Brothers Finance AG v Klaus Tschira Stiftung GmbH & anor [2014] EWHC 2782 (Ch)