This post looks at two cases which show the importance of the Brussels I Regulation’s primary rule of jurisdiction – that defendants should be sued in the jurisdiction of their domicile. Those cases are Aspen Underwriting v Kairos Shipping  EWHC 1904 (Comm), Bestolov v Povarenkin  EWHC 1968 (Comm). It is the fifth of our “new term catch up series”.
Aspen Underwriting achieves a potentially unsatisfactory result with some claims being tried in England and others capable of resolution only in the Netherlands (the place of domicile). On the other hand, in Bestolov v Povarenkin, jurisdiction was established on the basis of domicile under the Brussels Regulation when it would not have been asserted at common law. Continue reading