Chapter three, i.e. jurisdiction under the Council Regulation (EC) No 44/2001, analyzes the basic framework and scope of Council Regulation (EC) No 44/2001, as well as the concept of domicile of the United Kingdom law, and expounds the jurisdictional rules of Council Regulation (EC) No 44/2001 in order: Exclusive jurisdiction regardless of domicile, jurisdiction by appearance, jurisdiction concerning insurance contracts and certain consumer contracts as well as contracts of employment, jurisdictional agreement, special jurisdiction over defendants domiciled in the United Kingdom, special jurisdiction over defendants domiciled in another member state, residual jurisdiction over defendants not domiciled in a member state, the application for provisional or protective measures, the resolution of conflicts of jurisdiction. In addition, it discusses the procedural modification of Regulation jurisdiction and the international jurisdiction of the United Kingdom.
　　Chapter four is about jurisdiction under English common law. The English courts have no jurisdictions over the follow matters: title to foreign land, foreign intelligent property rights, foreign penal and revenue law as well as the similar public laws, the act of State. The common law rules of jurisdiction can be summarized: jurisdiction depends on service of process, and service may be made upon a defendant present within the jurisdiction as of right. If the defendant is physically outside the jurisdiction, the permission of the court is required before service may be made. When the Council Regulation (EC) No 44/2001 does not affect the jurisdiction of English courts, if the defendant has been duly served with process within the jurisdiction, the courts have jurisdiction over the claim against him. Unless the service of process may be set aside, any argument that the court should not act on its jurisdiction must be put forward by way of an application for a stay of proceedings made according to Civil Procedure Rules. The courts have a general discretion to stay proceedings.

第 [1] [2] [3] [4] [5] [6] [7] 页 共[8]页