The Brussels I Regulation Recast PDF Download
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Author: Andrew Dickinson
Publisher: Oxford University Press, USA
ISBN: 9780198714286
Category : Law
Languages : en
Pages : 0
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Book Description
1: Andrew Dickinson: Background and Introduction to the Regulation 2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 - 3) 3: Helene van Lith: Jurisdiction - General Provisions (Art. 4-6) 4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9) 5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16) 6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19) 7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23) 8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24) 9: Paco Garcimartin: Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26) 10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28) 11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34) 12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35) 13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57) 14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60) 15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65) 16: Andrew Dickinson: Transitional Provisions (Art. 66) 17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73) 18: Andrew Dickinson: Final Provisions (Arts. 74-81) Appendix 1. The Regulation: English, French and German language versions. Appendix 2. Comparison of 2001 Regulation and Recast Regulation Appendix 3. Commission Proposal (Annexes omitted) Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee Appendix 5. Information Published by the Commission Pursuant to Art 76.
Author: Andrew Dickinson
Publisher: Oxford University Press, USA
ISBN: 9780198714286
Category : Law
Languages : en
Pages : 0
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Book Description
1: Andrew Dickinson: Background and Introduction to the Regulation 2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 - 3) 3: Helene van Lith: Jurisdiction - General Provisions (Art. 4-6) 4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9) 5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16) 6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19) 7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23) 8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24) 9: Paco Garcimartin: Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26) 10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28) 11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34) 12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35) 13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57) 14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60) 15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65) 16: Andrew Dickinson: Transitional Provisions (Art. 66) 17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73) 18: Andrew Dickinson: Final Provisions (Arts. 74-81) Appendix 1. The Regulation: English, French and German language versions. Appendix 2. Comparison of 2001 Regulation and Recast Regulation Appendix 3. Commission Proposal (Annexes omitted) Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee Appendix 5. Information Published by the Commission Pursuant to Art 76.
Author: Christoph Schmon
Publisher: Springer Nature
ISBN: 9462653674
Category : Law
Languages : en
Pages : 151
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Book Description
This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations’ systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.
Author: Vesna Rijavec
Publisher: Kluwer Law International B.V.
ISBN: 9041194177
Category : Law
Languages : en
Pages : 387
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Book Description
Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.
Author: Louise Hauberg Wilhelmsen
Publisher: Edward Elgar Publishing
ISBN: 1788115058
Category : Law
Languages : en
Pages : 418
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Book Description
The Brussels I Regulation, which ensures the free circulation of judgments within the EU, was recently revised; one of the main issues addressed was whether the Regulation affects the efficient resolution of international commercial disputes through arbitration within the Union. This book provides an in depth examination of the interface between the Regulation and international commercial arbitration. The author demonstrates that the consequences of this interface can encourage the use of delaying tactics, hampering the efficient resolution of international disputes.
Author: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866539045
Category : Law
Languages : en
Pages : 545
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Book Description
Author: Vesna Lazić
Publisher: Springer
ISBN: 9462651477
Category : Law
Languages : en
Pages : 155
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Book Description
This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016. The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors’ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution. Vesna Lazić is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.
Author: Duncan Fairgrieve
Publisher: OUP Oxford
ISBN: 0191636622
Category : Law
Languages : en
Pages : 491
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Book Description
An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.
Author: Peter Mankowski
Publisher: Sellier European Law Pub
ISBN: 9783866532717
Category : Law
Languages : en
Pages : 1000
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Book Description
Author: Vincent Chetail
Publisher: BRILL
ISBN: 9004308660
Category : Law
Languages : en
Pages : 549
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Book Description
This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.
Author: Petar Sarcevic
Publisher: Walter de Gruyter
ISBN: 3866537190
Category : Law
Languages : en
Pages : 479
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Book Description
Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the “conflict process” is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.
