Civil Jurisdiction and Judgments Act 1982

[F1 Article 2 U.K. Exclusions from scope

Textual Amendments

F1 Sch. 3F inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 3 (with s. 3(1), Sch. 5 para. 7)

(1) This Convention shall not apply to exclusive choice of court agreements—

(a) to which a natural person acting primarily for personal, family or household purposes (a consumer) is a party;

(b) relating to contracts of employment, including collective agreements.

(2) This Convention shall not apply to the following matters—

(a) the status and legal capacity of natural persons;

(b) maintenance obligations;

(c) other family law matters, including matrimonial property regimes and other rights or obligations arising out of marriage or similar relationships;

(d) wills and succession;

(e) insolvency, composition and analogous matters;

(f) the carriage of passengers and goods;

(g) marine pollution, limitation of liability for maritime claims, general average, and emergency towage and salvage;

(h) anti-trust (competition) matters;

(i) liability for nuclear damage;

(j) claims for personal injury brought by or on behalf of natural persons;

(k) tort or delict claims for damage to tangible property that do not arise from a contractual relationship;

(l) rights in rem in immovable property, and tenancies of immovable property;

(m) the validity, nullity, or dissolution of legal persons, and the validity of decisions of their organs;

(n) the validity of intellectual property rights other than copyright and related rights;

(o) infringement of intellectual property rights other than copyright and related rights, except where infringement proceedings are brought for breach of a contract between the parties relating to such rights, or could have been brought for breach of that contract;

(p) the validity of entries in public registers.

(3) Notwithstanding paragraph 2, proceedings are not excluded from the scope of this Convention where a matter excluded under that paragraph arises merely as a preliminary question and not as an object of the proceedings. In particular, the mere fact that a matter excluded under paragraph 2 arises by way of defence does not exclude proceedings from the Convention, if that matter is not an object of the proceedings.

(4) This Convention shall not apply to arbitration and related proceedings.

(5) Proceedings are not excluded from the scope of this Convention by the mere fact that a State, including a government, a governmental agency or any person acting for a State, is a party thereto.

(6) Nothing in this Convention shall affect privileges and immunities of States or of international organisations, in respect of themselves and of their property.]