Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

EC EFTA Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters Lugano, 16 September 1988

Preamble

Title I - Scope

Article 1

Title II - Jurisdiction

Article 2

Article 3

Article 4

Article 5

Article 6

Article 6A

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 12A

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Title III - Recognition and Enforcement

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

Article 41

Article 42

Article 43

Article 44

Article 45

Article 46

Article 47

Article 48

Article 49

Title IV - Authentic Instruments and Court Settlements

Article 50

Article 51

Title V - General Provisions

Article 52

Article 53

Title VI - Transnational Provisions

Article 54

Article 54A

Title VII - Relationship to the Brussels Convention and to Other Conventions

Article 54B

Article 55

Article 56

Article 57

Article 58

Article 59

Title VIII - Final Provisions

Article 60

Article 61

Article 62

Article 63

Article 64

Article 65

Article 66

Article 67

Article 68

Protocol No. 1 on Certain Questions of Jurisdiction, Procedure and Enforcement

Article I

Article Ia

Article Ib

Article II

Article III

Article IV

Article V

Article Va

Article Vb

Article Vc

Article Vd

Article VI

Protocol No. 2 On the Uniform Interpretation of the Convention Preamble

Article 1

Article 2

Article 3

Article 4

Protocol No. 3 on the Application of 57

Declaration by the Representatives of the Governments of the State Signatories to the Lugano Convention which are Members of the European Communities on Protocol No. 3 on the Application of Article 57 of the Convention

Declaration by the Representatives of the Governments of the States Signatories to the Lugano Convention which are Members of the European Communities

Declaration by the Representatives of the Governments of the States Signatories to the Lugano Convention which are Members of the European Free Trade Association

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

EC EFTA Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters, Lugano, 16 September 1988

EFTA

copy @ Lex Mercatoria

EC EFTA Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters Lugano, 16 September 1988

Title VI - Transnational Provisions

Article 54A

For a period of three years from the entry into force of this Convention for Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively, jurisdiction in maritime matters shall be determined in these States not only in accordance with the provisions of Title II, but also in accordance with the provisions of paragraphs 1 to 7 following. However, upon the entry into force of the International Convention relating to the arrest of sea-going ships, signed at Brussels on 10 May 1952, for one of these States, these provisions shall cease to have effect for that State.

1. A person who is domiciled in a Contracting State may be sued in the courts of one of the States mentioned above in respect of a maritime claim if the ship to which the claim relates or any other ship owned by him has been arrested by judicial process within the territory of the latter State to secure the claim, or could have been so arrested there but bail or other security has been given, and either:

(a) the claimant is domiciled in the latter State, or

(b) the claim arose in the latter State, or

(c) the claim concerns the voyage during which the arrest was made or could have been made, or

(d) the claim arises out of a collision or out of damage caused by a ship to another ship or to goods or persons on board either ship, either by the execution or non-execution of a manoeuvre or by the non-observance of regulations, or

(e) the claim is for salvage, or

(f) the claim is in respect of a mortgage or hypothecation of the ship arrested.

2. A claimant may arrest either the particular ship to which the maritime claim relates, or any other ship which is owned by the person who was, at the time when the maritime claim arose, the owner of the particular ship. However, only the particular ship to which the maritime claim relates may be arrested in respect of the maritime claims set out in (5) (o), (p) or (q) of this Article.

3. Ships shall be deemed to be in the same ownership when all the shares therein are owned by the same person or persons.

4. When in the case of a charter by demise of a ship the charterer alone is liable in respect of a maritime claim relating to that ship, the claimant may arrest that ship or any other ship owned by the charterer, but no other ship owned by the owner may be arrested in respect of such claim. The same shall apply to any case in which a person other than the owner of a ship is liable in respect of a maritime claim relating to that ship.

5. The expression maritime claim means a claim arising out of one or more of the following:

(a) damage caused by any ship either in collision or otherwise;

(b) loss of life or personal injury caused by any ship or occurring in connection with the operation on any ship;

(c) salvage;

(d)agreement relating to the use or hire of any ship whether by charterparty or other wise;

(e) agreement relating to the carriage of goods in any ship whether by charterparty or otherwise;

(f) loss of or damage to goods including baggage carried in any ship;

(g) general average;

(h) bottomry;

(i) towage;

(j) pilotage;

(k) goods or materials wherever supplied to a ship for her operation or maintenance;

(l) construction, repair or equipment of any ship or dock charges and dues;

(m) wages of masters, officers or crew;

(n) master's disbursements, including disbursements made by shippers, charterers or agents on behalf of a ship or her owner;

(o) dispute as to the title to or ownership of any ship;

(p) disputes between co-owners of any ship as to the ownership, possession, employment or earnings of that ship;

(q) the mortgage or hypothecation of any ship.

6. In Denmark, the expression "arrest" shall be deemed as regards the maritime claims referred to in (5) (o) and (p) of this Article, to include a "forbud", where that is the only procedure allowed in respect of such a claim under Articles 646 to 653 of the law on civil procedure (lov om rettens pleje).

7. In Iceland, the expression "arrest" shall be deemed, as regards the maritime claims referred in (5) (o) and (p) of this Article, to include a logbann, where that is the only procedure allowed in respect of such a claim under Chapter III of the law on arrest and injunction (log um kyrrsetningu og logbann).


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria