Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
Quotation dates: 1838-1927
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RECONVENTION, n. The principle whereby one who brings an action under Sc. Law, though himself living in a country which has a different legal system, is liable to be himself sued under Sc. Law if a counter-claim should arise. In Eng. called attorning to the jurisdiction.Sc. 1838 W. Bell Dict. Law Scot. 823:
Where an action is brought in Scotland by a foreigner, . . . his adversary in the suit is entitled, by reconvention, to sue the foreigner on a counter-claim.Sc. 1862 Session Cases (1861–2) 352:
Reconvention is a principle recognised to some extent in the law of Scotland, and the recognition of that principle goes back a good way in the history of our law.Sc. 1903 J. W. Brodie-Innes Comparative Principles 186:
Adopting the theory and the language of Roman Law, the convention and the reconvention are considered to be correlative and may be tried together. This form of jurisdiction by consent is therefore called “Reconvention”.Sc. 1927 Gloag & Henderson Intro. Law Scot. 19:
Reconvention. — Where a party raises an action in the Court of Session he thereby submits himself to its jurisdiction in any counter action relating to the same dispute. . . . In order that jurisdiction may be founded on reconvention the foreigner must have sought the Scotch Courts voluntarily.
