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The European Court of Justice (ECJ) famously deprived the English courts of the power to exercise any discretion in regulating jurisdiction in international disputes, where the defendant is domiciled in a European Union (EU) member state. In Owusu v Jackson [2002], the ECJ held that, in such a situation, the English court was bound by Article 2 of the EC Regulation 44/200, namely that a party domiciled in a member state must be sued in the courts of that state, even if an overwhelming number of factors point to a non-member state as a more appropriate forum.

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