Private International Law: Jurisdiction, Applicable Law, and Recognition
The three questions
Every private international law problem raises three questions: which court has jurisdiction, which law applies, and will the foreign judgment be recognised and enforced. Master the sources: the national code, the Brussels regime, the Hague conventions, and the Rome regulations. Know the rules on jurisdiction in civil and commercial matters, including the general forum of the defendant's domicile, special jurisdictions, exclusive jurisdictions, and the rules on choice of court. Study the rules on parallel proceedings and the effect of a first-seized court.
Conflict of laws
Understand the structure of a conflict rule: the connecting factor and the designated law. Know the rules on personal status, contracts, torts, and property. Study the mechanisms that limit the application of foreign law: public order, overriding mandatory rules, and renvoi where admitted. Know the rules on the proof of foreign law and the role of the judge.
Recognition and enforcement
Master the conditions for recognition and the grounds for refusal, including public order and the violation of the rights of the defence. Know the procedure for enforcement and the effect of a judgment.
Traps
Questions often test the difference between jurisdiction and applicable law, and whether a choice-of-court clause is valid. Watch for exclusive jurisdiction overriding a choice of court, and for the effect of public order.
Rule of thumb
For any cross-border case, answer in order: jurisdiction, applicable law, recognition.