Some Features of Choice of Jurisdiction in International Civil Procedure
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Abstract
The purpose of the article – to evaluate the provisions of the Civil Process Code of the Republic of Lithuania in the context of international legal acts and practice of the foreign countries. The main question in the article – whether jurisdiction rules in Lithuania satisfy principles of the freedom of contract, legal expectations and legal interests of the person. The article analyses the limits of autonomy of the parties, the link between selected state’s court and dispute, the relation between applying law and jurisdiction, exclusivity and separability doctrines applying to the clause of jurisdiction.
The provisions of the Civil Process Code of the Republic of Lithuania is compared with the legal acts and practice of the foreign countries, European Union. The article presents not only the analysis of the valid acts, but also analyses the projects of the international legal acts what determine the criterions of the jurisdiction.
The questions of the international civil process and jurisdiction in Lithuania are codified in the Civil Process Code. First of all the article presents these provisions of the Civil Process Code related to the jurisdiction. According to the Code, in the cases with a foreign element, the parties may choose a Lithuanian court only in the property disputes. To choose the foreign court the parties may only if they are the economiccommercial subjects. The court considers the agreement of the choice of court only if there is a request og interested party. On its own initiative, id est ex officio, the court will not hold that the case is not within its jurisdiction. The agreement of the choice of court in all cases must be in writing.
The article presents possibilities to choose a court in the Russia, Netherlands, Sweden, Switzerland, England. Some states regulate the jurisdiction in the separate statute together with other questions of the international private law. Other states regulates these questions together with the law of civil process. In some states the criterions of jurisdiction is set by the court practice. But all mentioned states allow parties to choose a court with major or lesser restrictions.
The article analyses European Union legal acts and practise of the courts. In this context the Lithuanian provisions according to the prorogation of jurisdiction is presenting and comparing with the EU law also. Lithuanian rules are not identical. So in relations with EU states, the Regulation No. 44/2001 will be applied, and in relations with other countries, the Lithuanian rules will be applied.
The provisions of the Civil Process Code of the Republic of Lithuania is compared with the legal acts and practice of the foreign countries, European Union. The article presents not only the analysis of the valid acts, but also analyses the projects of the international legal acts what determine the criterions of the jurisdiction.
The questions of the international civil process and jurisdiction in Lithuania are codified in the Civil Process Code. First of all the article presents these provisions of the Civil Process Code related to the jurisdiction. According to the Code, in the cases with a foreign element, the parties may choose a Lithuanian court only in the property disputes. To choose the foreign court the parties may only if they are the economiccommercial subjects. The court considers the agreement of the choice of court only if there is a request og interested party. On its own initiative, id est ex officio, the court will not hold that the case is not within its jurisdiction. The agreement of the choice of court in all cases must be in writing.
The article presents possibilities to choose a court in the Russia, Netherlands, Sweden, Switzerland, England. Some states regulate the jurisdiction in the separate statute together with other questions of the international private law. Other states regulates these questions together with the law of civil process. In some states the criterions of jurisdiction is set by the court practice. But all mentioned states allow parties to choose a court with major or lesser restrictions.
The article analyses European Union legal acts and practise of the courts. In this context the Lithuanian provisions according to the prorogation of jurisdiction is presenting and comparing with the EU law also. Lithuanian rules are not identical. So in relations with EU states, the Regulation No. 44/2001 will be applied, and in relations with other countries, the Lithuanian rules will be applied.
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Please see Copyright and Licence Agreement for further details.
