Keywords
Summary

Keywords

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1 . Convention on Jurisdiction and the Enforcement of Judgments - Special Jurisdictions - More than one defendant - Jurisdiction of the court for the place where one of the defendants is domiciled - Conditions - Connection between the actions within the meaning of the Convention

( Convention of 27 September 1968, Art . 6 ( 1 ) )

2 . Convention on Jurisdiction and the Enforcement of Judgments - Special Jurisdictions - Jurisdiction for "matters relating to tort, delict or quasi-delict" - Concept - Independent interpretation - Action to establish liability unconnected with matter relating to a contract - Action based on several grounds - Exclusion of claims not based on grounds of tort or delict

( Convention of 27 September 1968, Art . 5 ( 3 ) )

Summary

1 . For Article 6 ( 1 ) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters to apply, a connection must exist between the various actions brought by the same plaintiff against different defendants . That connection, whose nature must be determined independently, must be of such a kind that it is expedient to determine the actions together in order to avoid the risk of irreconcilable judgments resulting from separate proceedings .

2 . The expression "matters relating to tort, delict or quasi-delict" contained in Article 5 ( 3 ) of the Convention must be regarded as an independent concept covering all actions which seek to establish the liability of a defendant and which are not related to a "contract" within the meaning of Article 5 ( 1 ).

A court which has jurisdiction under Article 5 ( 3 ) over an action in so far as it is based on tort or delict does not have jurisdiction over that action in so far as it is not so based .