Can anyone please explain Art 59 of the Brussels Convention?

Chapter V
GENERAL PROVISIONS
Art 59

1. In order to determine whether a party is domiciled in the Member state whose courts are seised of a matter, the court shall apply its internal law.
2. If a party is not domiciled in the Member state whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another Member State, the court shall apply the law of that Member State.

I DONT GET IT.

okay lets assume that we have two parties, a Spanish claimant and a German defendant who is staying in England for a while.

• Art 1 (civil & commercial matter) satisfied, so we go to Art 2- to sue in the defendants domicile. So here based on the scenario, we have a German, who is staying in England for a while- is he domiciled in England or Germany?
• If i'm not mistaken, we apply Art 59(1) here where IF the courts that seise the jurisdiction is the German courts, then they will use their own conflict of law rules to determine if he is domiciled in England or Germany.
• But since we are studying English law, we will choose the English court to seise jurisdiction , and determine the claimant's domicile according to English conflict of law rules.

*did i get it right?*
i mean, that is MY understanding of it..if you think i'm really wrong, please correct me!!

okay, with regards to Art 59(2) what i can think of is a situation where the English courts seise jurisdiction but unsure as to what is the domicile of the German defendant.

• SO if the courts SUSPECT that his domicile is Germany, then they will use GERMAN conflict of laws rules to determine his domicile?

do i even need to discuss this? *sob*
really, if you do have a clue, please let me know!