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Germany has been named the world's export champion for many years. Times are marked by a global economy that continues to grow together despite increasing complexity. Investments and legal participations abroad have become as commonplace for many German companies as the delivery of their goods abroad. However, it is not only the legal obligations that have become more complex, but also the products of the exporting companies. The emergence of disputes – whether justified or unjustified – goes hand in hand with this. They can be rooted in company law, in individual commercial transactions, or within the family, e.g. in the case of succession. This also includes the out-of-court settlement of disputes as well as the contentious enforcement of rights before state courts and arbitration tribunals – both nationally and internationally. As an initial guide to international disputes, we have compiled an overview of the court system in some of the countries in which we act for our clients.
The international jurisdiction determines whether the courts of a state are appointed to make a judicial decision. With respect to cases involving foreign EU member states, in most cases the law unified for all Europe according to the EU regulations regarding the jurisdiction in civil matters applies in Germany. There are five branches of court in Germany. More »
The international jurisdiction of the Portuguese courts is determined by the general rules of the Portuguese Code of Procedure or the Brussels Ia Regulation. Pursuant to Article 209 et seq. of the Constitution, the Portuguese judicial system is essentially divided into two branches: the civil courts and the administrative courts. More »
The international jurisdiction determines whether the courts of a state are appointed to make a judicial decision. With respect to cases involving foreign EU member states, in most cases the law unified for all Europe according to the EU regulations regarding the jurisdiction in civil matters applies in Sweden. There are five branches of courts in Sweden. More »
In order to assert claims in court, it must be clarified which court has jurisdiction. In the case of disputes with a foreign connection to other EU-member states, the question of international and local jurisdiction in the event of a court dispute is initially governed by Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia Regulation or EuGVVO). More »
There are no international agreements under which Russia would be subject to international jurisdiction. The only supranational authority whose decisions are valid in the Russian Federation is the European Court of Human Rights (Strasbourg). More »
According to Article 3 of Law 218/95, the general criterion for jurisdiction in the country is the defendant's domicile or residence (in English "residence") in Italy. Furthermore, a foreign party may be summoned in Italy in accordance with EU Regulation No. 1215/12. More »
In the Czech Republic, as in other Member States, the jurisdiction in foreign civil and commercial cases is governed by the Regulation on Jurisdiction and Recognition of Judgments in Civil and Commercial Matters, commonly referred to as the Brussels Ia Regulation. More »
The Hungarian court system is a regular court system including the local courts, the regional courts, the courts of appeal and the curia. The administrative and labor courts has existed as special courts in Hungary but they were deleted on 1 April 2020. More »
Lithuania as an EU-Member state follows the Brussel Ia Regulation as regards jurisdiction provisions in disputes involving foreign EU member states, therefore in most cases the law unified for all Europe according to the EU regulations regarding the jurisdiction in civil matters applies in Lithuania. More »
With respect to cases involving EU member states, jurisdiction matters in civil and commercial law cases are settled in France, like in the whole EU, by two conventions and two regulations, namely the Brussel convention, the Lugano convention, the (EC) Nr.44/2001 (known as the „Brussel I” regulation) and the (EU) Nr.1215/2012 of 12 December 2012 regulation (known as the „Brussel I bis” regulation). More »
So far, a large proportion of international trade, banking and financial disputes have been concentrated in London. As a result of Brexit, there are now uncertainties regarding the future situation. With the two international chambers, Paris wishes to offer economic operators an alternative to London. More »
Azerbaijani courts have international jurisdiction over civil and commercial disputes in case any of the persons involved in the proceedings is a foreigner having a place of residence, a place of stay or a usual place of arrival in Azerbaijan. The court system is a a three-tiered one. More »
In determining jurisdiction, in general, the Civil Procedure Law of China (“CPL”) stipulates that the people’s court at the defendant's domicile or habitual residence (in case of natural persons) or domicile (in case of legal persons) shall have jurisdiction. Further, cases involving foreign elements are governed by Articles 265 and 266 CPL. More »
For cases with a foreign connection to other EU member states, Poland applies unified European jurisdiction law according to the EU regulations on jurisdiction in civil matters. Polish procedural law provides for the following types of jurisdiction. More »
Three main types of courts exist in Finland. The general courts, administrative courts and special courts. The general courts deal with all types of applications and civil and criminal matters. Special courts have a specific function and deal only with certain types of disputes. More »
The Brussels I a Regulation applies between all member states including Denmark. However, due to its legal reservation, Denmark has not acceded to the Brussels I a Regulation directly, but has instead entered into a parallel agreement, so that the rules of the regulation still apply in Denmark. There are multiple branches of courts in Denmark. More »
Regulation No. 12015/2012 is directly effective in Slovakia, and Regulation No. 12015/2012 applies to disputes between subjects within the EUR in civil and commercial law matters. Jurisdiction in Slovakia is exercised by general courts and the Constitutional Court. More »
published on 4 May 2021
Frank J. Bernardi
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Tobias Neukirchner
