Conflict of laws

In deciding whether a defendant was one of a number of defendants, in the courts for the place where any one of them was domiciled for the purposes of Art 6(1) of the Lugano Convention, there were various factors to be considered such as the applicable law, the construction of their contracts and the factual matrix, and the operation of the markets.

The fact that the contracts between defendants were identical in wording was not always sufficient to found jurisdiction under Art 6(1). It all depended on the circumstances of the case.