Abstract:
Council Regulation (EC) 44/2001 seeks to allocate jurisdiction according to a rigid set of mandatory and (supposedly) clear rules. Controversially, however, the English courts have continued to exercise their discretionary common law powers to stay their proceedings, if a forum non conveniens, or to restrain foreign proceedings which are unconscionable, vexatious or oppressive or commenced in breach of an English jurisdiction agreement, even when jurisdiction has been allocated according to the rules of either the Regulation or the Convention.