The Brussels I Review Proposal Uncovered

by Lein, Eva

• ISBN13: 9781905221486
• ISBN10: 1905221487
• Format: Paperback
• Copyright: 2012-08-05
• Publisher: British Institute of International

Summary

The Brussels I Regulation (EC) No. 44/2001 - on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters - is one of the most important instruments of European private international law. Despite its overall success, some shortcomings have been perceived during the first ten years of application and have prompted the drafting of a Review Proposal by the European Commission. The Proposal addresses issues, such as the relationship between the Regulation and arbitration, the compatibility of its provisions with the 2005 Hague Convention on Choice of Court Agreements, and the extension of the Brussels I rules on jurisdiction to third State defendants. These issues and more are analyzed and debated in this book by academics and practitioners from various Member States and institutions, including the Hague Conference on Private International Law and the European Group for Private International Law (EGPIL). Their insightful commentary on the Commission's plans for amendment of the Brussels I Regulation is an excellent resource for anyone dealing with issues of cross-border civil litigation.

Table of Contents

Foreword: The Right Hon the Lord Mance	p. xi
The Brussels I Review Proposal - An Overview	p. 1
A Neverending Story? Arbitration and Brussels I: The Recast	p. 31
The Application of the Brussels I Regulation to Defendants Domiciled in Third States: From the EGPLL Proposal to the Commission Proposal	p. 57
The Brussels I Regulation in the International Legal Order: Some Reflections on Reflectiveness	p. 75
Choice of Court Agreements in the Review Proposal for the Brussels I Regulation	p. 83
Lis Pendens and Third States: The Commission's Proposed Changes to the Brussels I Regulation	p. 103
The Proposed Recast of Rules on Provisional Measures under the Brussels I Regulation	p. 125
Free Movement of Judgments in the EU: Knock Down the Walls but Mind the Ceiling	p. 135
The Brussels I Review Proposal: Challenges for the Lugano Convention?	p. 165
Protection Against the Abuse of Law Process in the Brussels I Review Proposal?	p. 179
The Revision of the Brussels I Regulation: A View from the Hague Conference	p. 193
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