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Vol 21 No 11 Nov/Dec 2016

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The Brussels I Review Proposal Uncovered

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Edited by: Eva Lein

ISBN13: 9781905221486
Published: July 2012
Publisher: British Institute of International and Comparative Law
Country of Publication: UK
Format: Paperback
Price: £50.00



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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 its 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 analysed 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.

Dr Eva Lein is Herbert Smith Senior Research Fellow of Private International Law at the British Institute of International and Comparative Law. Prior to joining BIICL in September 2009, Eva Lein was Head of the Continental Law Section and Staff Legal Adviser at the Swiss Institute of Comparative Law (SICL) in Lausanne, Switzerland.

Eva received her education in Germany, where she also passed the bar exam, and at the Academy of International Law at The Hague. Her fields of expertise are comparative, European and private international law. Eva is fluent in English, French, Italian, Spanish and German, her native language and has lectured in Italy, Spain, Switzerland and England. Her PhD, on European, international and comparative contract law, was graded summa cum laude. She is assistant editor of the Yearbook of Private International Law and engaged in several research projects, in collaboration with scientific institutions such as the University Pablo de Olavide in Sevilla.

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Subjects:
Conflict of Laws, EU Law
Contents:
Foreword;
THE RIGHT HON THE LORD MANCE
1. The Brussels I Review Proposal - An Overview
PAMELA KIESSELBACH
2. A Neverending Story? Arbitration and Brussels I: The Recast
JONATHAN HARRIS AND EVA LEIN
3. The Application of the Brussels I Regulation to Defendants Domiciled in Third States: From the Proposals of the European Group for Private International Law to the Proposal of the Commission
ALEGRÍA BORRÁS
4. The Brussels I Regulation in the International Legal Order: Some Reflections on Reflectiveness
ALEXANDER LAYTON
5. Choice Of Court Agreements in the Review Proposal for the Brussels I Regulation
ULRICH MAGNUS
6. Lis Pendens and Third States: The Commission’s Proposed Changes to the Brussels I Regulation
PIPPA ROGERSON
7. The Proposed Recast of Rules on Provisional Measures under the Brussels I Regulation
MICHAEL BOGDAN
8. Free Movement of Judgments in the EU: Knock Down the Walls but Mind the Ceiling
ANDREW DICKINSON
9. The Brussels I Review Proposal: Challenges for the Lugano Convention?
ANDREAS FURRER
10. Protection Against The Abuse Of Law In The Brussels I Review Proposal?
LUBOŠ TICHÝ
11. The Revision Of The Brussels I Regulation: A View From The Hague Conference
MARTA PERTEGAS.