Is specific jurisdiction dead and did we murder it? An appraisal of the Brussels Ia Regulation in the globalizing context of the HCCH 2019 Judgments Convention

Abstract

Specific jurisdiction in the European Union (EU) is in a state of flux. While its theoretical foundation varies among legal systems, the explanatory model in EU law—established by the Brussels Ia Regulation—is the close geographical connection between a dispute’s subject matter and a court. It is believed that the court with such a connection is best positioned to judge the matter. Therefore, Article 7 of the Brussels Ia Regulation allocates jurisdiction over subject matters as broadly defined as contracts and torts to the court of an array of predetermined locations. However, in reality the courts so identified will not always have a close connection to the dispute. Nonetheless, the court of that place has jurisdiction. This article will evaluate the legitimacy of denying a more concrete role to the linkage between a forum and a dispute. It will also contrast the current state of play in the EU with the approach taken in the jurisdictional filters featuring in the 2019 Hague Judgments Convention.