Download or read book Jurisdiction and Recognition of Judgments written by Louis Vogel and published by . This book was released on 2015 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisdiction and Recognition of Judgments since the Brussels I Regulation Recast written by Louis Vogel and published by . This book was released on 2015-07-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Remedies Concerning Enforcement of Foreign Judgements written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments written by Ronald A. Brand and published by BRILL. This book was released on 2014-04-11 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those same rules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a dispute arise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law, and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactional interests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognition and enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.
Download or read book Brussels I Regulation written by Alfonso-Luis Calvo Caravaca and published by sellier. european law publ.. This book was released on 2007 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title, part of the new European Commentaries on Private International Law series, is devoted to the Brussels I Regulation, dealing with jurisdiction and recognition of judgments in civil and commercial law matters. Contributors in the series include leading experts from almost all EU member states. The series initiates a new specific European style of commenting on European enactments merging the various, and thus far cross-national, methods of interpretation of legislative acts. Commentaries will pay tribute to the practice of the European Court of Justice and to relevant judgments of national courts as well. Moreover, the needs of practitioners and the requirements of the practice will receive particular attention.
Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Download or read book Civil Jurisdiction and Judgments written by Adrian Briggs and published by CRC Press. This book was released on 2015-06-12 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
Download or read book The Brussels I Regulation Recast written by Andrew Dickinson and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) No 1215/2012, of 12 December 2012, on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (recast), the provisions of which apply from 10 January 2015. This work, written by a number of leading experts, provides a a concise article-by-article commentary on all the recast Regulation's provisions with reference to the existing case law of the European Court of Justice and leading national decisions. It also offers additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgements.
Download or read book The Brussels I Regulation Recast written by Andrew Dickinson and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Interconnection of the EU Regulations Brussels I Recast and Rome I written by Christoph Schmon and published by Springer Nature. This book was released on 2020-03-17 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For international lawyers, the European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters are of great practical importance. Since March 2002, these rules have been laid down in an EU Regulation (44/2001) which essentially replaced the 1968 Brussels Convention. The preliminary considerations to the Regulation imply that the decisions in which the Court of Justice of the EC has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Hence, in order to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court’s case law regarding the Brussels Convention is imperative. The present study is based on an analysis of more than one hundred decisions that the Court has delivered under the Brussels Convention. It appears that the significance of the Court’s case law lies not only in the final outcome of these decisions, but also in the principles that the Court consistently refers to in arriving at its decisions. The authors piece together the system of principles that has become apparent in the Court’s reasoning. An understanding of this system not only sheds light on how and why the Court has reached its past decisions, but it also enables lawyers to understand the confines within which the Court’s argumentation is likely to take place in future cases under the Regulation. A publication which focuses on the principles used by the Court to justify its decisions in this particular area of law, has been lacking. This book aims to fill that gap. Its value extends beyond the academic realm and into the field of legal practice.
Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2004-08-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
Download or read book On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments written by Christian Schulze and published by Unisa Press. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Interpretation of the Brussels Regulation on Jurisdiction and Recognition and Enforcement of Judgments written by and published by . This book was released on 2003 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters written by Court of Justice of the European Communities and published by British Institute for International & Comparative Law. This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters was concluded on September 27, 1968, among the original six Member States of the then EEC. On March 1, 2002, the Convention was replaced by EC Regulation No 44/2001 of December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. Regulation 44/2001 left much of the Convention unaltered, but parts were also modified inter alia in order to take into account decisions of the European Court of Justice. These two volumes and supplement contain over 100 decisions of the European Court of Justice on the interpretation of the Brussels Convention from 1976 onwards, as well as the Advocate Generals' opinions for each case. The provisions of the Convention cannot be properly understood and applied without reference to this case law. The case law of the ECJ will also continue to be of fundamental importance due to its relevance to a proper understanding of the provisions of the new Regulation. This publication thus provides an essential tool to those interested in the "new" Regulation and its spirit of continuity from the "old" European rules on jurisdiction and the enforcement of judgments in civil and commercial matters.
Download or read book Judicial Discretion in Light of the New European Rules on Jurisdiction in Civil and Commercial Matters written by Aude Fiorini and published by . This book was released on 2016 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The free movement of judgments can be presented as a necessary corollary of the European internal market where goods, people, services and capital move freely. The first step towards the adoption of harmonized private international law provisions was made in 1968 with the conclusion of the Brussels Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. In 1999, the entry into force of the Treaty of Amsterdam transferred the competence to legislate in the field of judicial cooperation in civil matters from the Member States to the European Union. This led to the transformation of the 1968 Brussels Convention, an instrument of inter-governmental cooperation, into a Regulation: Regulation (EC) 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, colloquially known as 'Brussels I'. Subsequently, a Recast (reform) of the Regulation was agreed in 2012 which substantially amended Brussels I, and will replace it from 10 January 2015.This paper evaluates the extent to which the new jurisdiction rules of the Brussels I Recast impact on the exercise of judicial discretion by courts in the EU. This question is closely linked with the nature of Brussels I as a civilian instrument. Part I will consider how the activism of the European Court of Justice (now Court of Justice of the EU) had reinforced the civilian imprint of the Brussels I Regulation. Part II will assess whether the Recast is breaking away from what has been, for a period, considered the 'systematic dismantling of the common law of conflict of laws' by the EC (now EU).The article concludes that under the Brussels I Recast, the domain of both anti-suit injunctions and forum non conveniens has, if anything, been even further reduced. However the Recast has not only corrected some of the unwelcome consequences of an overly civilian interpretation of the Brussels I Regulation but simultaneously introduced, on the whole territory of the EU, a harmonised mechanism of jurisdictional regulation based on judicial discretion (which was hitherto available only in a few Member States). On this aspect, the Recast has the great merit of promoting (at least on paper) a better coordination between European and third States procedures, and one that may be easier to anticipate in third countries.
Download or read book Brussels IIbis Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2012-04-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt:
