The Shipping sector is by its very nature multi-jurisdictional and very capable of involving several legal systems which could potentially regulate different aspects of a given case at the same time. This was always the case before Malta became a member of the EU. Prior to membership a plaintiff would have had to consider whether the laws of Malta granted the Maltese courts’ jurisdiction over the matter, and what law would be applied by the Maltese courts in line with Maltese private international law and would also consider Maltese law when it came to the enforcement of a judgement. Whilst all of that naturally remains very relevant post EU Membership, EU Membership brought with it a vast range of very important legal instruments which effect precisely these very fundamental aspects of claims handling.
My presentation proposes to discuss how parties to disputes before courts of EU Member states now have to consider EU Regulation on Jurisdiction, Enforcement and Applicable law – three very important aspects in the anatomy of an action. These areas are covered specifically by Regulation (EU) No 1215 / 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, Regulation (EC) No 805/2004 on European Enforcement Orders for uncontested claims, Regulation (EC) No 1896/2006 on European Payment orders, Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome 1) and Regulation (EC) no 864/2007 on the law applicable to non-contractual obligations (Rome 11).
These are all regulations which all European maritime practitioners need to consider sometimes even before considering the merits of the case. These regulations will answer the questions: “Can I sue X in country Y?”, “What law do I apply to a claim in tort?”, “What law do I apply to a claim in contract?”, “Can I obtain a payment order in the court of country A against a national of country B?” “Can I obtain an order in country A and enforce it in country B?” All very pertinent questions which I hope to be able to share with you.”
