The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.
With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.
Key Features:
A focus on the interpretation and practical application of the Regulation Detailed analysis of the case law and jurisprudence Highlights both deficiencies and potential improvements Written by leading scholars in EU and Private International Law
The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.
Arvustused
This work is a formidable review of the core jurisdictional rules for commercial litigation in the EU. Complemented with key national implementation (and acutely observed uncertainties), this volume offers both a clear overview for those new to the field, and much detail for those diving deeper. It is a remarkable achievement by its reputable authors. -- Geert van Calster, KU Leuven, Belgium The merit of this book lies in its systematic and accessible review of the extensive European case law and literature spanning more than 50 years. The presentation is comprehensive, in-depth and critically reflected. The authors are recognized experts in international civil procedure. They have created a standard work that is indispensable for academics and practitioners alike. -- Katharina Boele-Woelki, Bucerius Law School, Germany
Contents: Preface Foreword
1. SCOPE OF APPLICATION, DEFINITIONS AND
THE GENERAL RULE
2. SPECIAL JURISDICTION ARTICLES 79
3. RULES ON
JURISDICTION IN WEAKER PARTY DISPUTES
4. EXCLUSIVE JURISDICTION ARTICLE 24
5. PROROGATION OF JURISDICTION ARTICLES 25 AND 26
6. COMMON PROVISIONS
ARTICLES 2735
7. RECOGNITION AND ENFORCEMENT
8. RELATION WITH OTHER
INSTRUMENTS AND FINAL PROVISIONS Index
Vesna Lazi, Associate Professor, Faculty of Law, Utrecht University and Senior Researcher, T.M.C. Asser Institute, The Hague, the Netherlands and the late Peter Mankowski, formerly Professor, Faculty of Law, University of Hamburg, Germany
In co-operation with Lucia Pein, Hamburg University, Germany
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