You have no items in your shopping cart.

Civil Jurisdiction Rules of the EU and their Impact on Third States

Civil Jurisdiction Rules of the EU and their Impact on Third States

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199228577
  • Published In: January 2008
  • Format: Hardback , 496 pages
  • Jurisdiction: European Union ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,437.50

HKD 1,394.38 Save HKD 43.12 (3%)

Delivery Time: around 3-4 weeks
Extra 2-10 working days working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
OR
  • Description 
  • Contents 
  • Author 
  • Details

    • The first comprehensive treatment in English focusing upon the civil jurisdiction rules of the EU and how they impact on external jurisdictions
    • Examines the case law and practical problems which have arisen, or might arise, assisting practitioners in dealing with disputes where there is a conflict of laws between a Member State and a third State
    • Provides thorough analysis of the three main instruments establishing civil jurisdiction regulations in the EU, including key topics such as domicile, exclusive jurisdiction, forum clauses, forum non conveniens and lis pendens
    • Discusses the external competences of the European Community in civil jurisdiction matters, and evaluates how disputes involving a conflict of laws between an EU state and a third state may be resolved in the future

    Over the past few years the European Community has been active in establishing rules of civil jurisdiction. This book provides a comprehensive treatment of the three main instruments for implementing these rules: Brussels I (covering jurisdiction in civil and commercial matters), Brussels II

    bis

    (jurisdiction in matters of divorce and parental responsibility) and the Insolvency Regulation. The Regulations were drawn up from the point of view of the European Community and the facilitation of co-operation between the Member States. However, legal practice shows that disputes, whether of a commercial or family nature, are not always neatly restricted to being either within the competence of the EU, or entirely outside the EU. When a single dispute might fall into the jurisdiction of either EU Member States or third States, the exact scope of application of the Regulations is uncertain.



    This book covers the background and development of civil jurisdiction rules in the European Union, analysing the three main regulations on civil jurisdiction, and the effect that the application of these rules has on parties domiciled or habitually resident outside the EU, particularly with regard to the recognition and enforcement of judgments made within the EU in external jurisdictions. There is analysis of case law and practical problems which have arisen, or might arise, in disputes where there is a conflict of laws between an EU Member State and a third State, for example involving the rules of the domicile of the defendant, exclusive jurisdiction, forum clauses, and procedural rules such as forum non conveniens and lis pendens.



    It will also examine the external competences of the European Community in the field of civil jurisdiction with regard to the ECJ Lugano Opinion and the far-reaching implications of this ruling for possible future conventions, both for the EU and for third states who will now have to negotiate with the European Community as a whole, and not with a collection of states.

    Readership: Academics and practitioners specialising in private international law, both in the EU, and in states outside the EU; practitioners advising clients on choice-of-court issues where a suit could be brought either in an EU Member State, or in an external state; postgraduate students specialising in civil law and the conflict of laws; judges; reference libraries.

  • Introduction
    1: Background
    2: First cornerstone: the defendant, general jurisdiction and its alternatives
    3: Second cornerstone: exclusive jurisdiction
    4: Third cornerstone: forum clauses
    5: Fourth cornerstone: declining jurisdiction and dealing with conflicting proceedings
    6: Provisional and Protective Measures
    7: The European Union and beyond: external relations
    8: Conclusion and recommended amendments to the regulations
    Bibliography

  • Thalia Kruger, Senior Lecturer, Faculty of Law, University of Cape Town, South Africa

     

You may also be interested in these books:

Hong Kong Employment Law: A Practical Guide, 5th Edition
Hong Kong Employment Law: A Practical Guide, 5th Edition

List Price: HKD 1,500.00

HKD 1,455.00 Save HKD 45.00 (3%)

Building Management in Hong Kong, 3rd Edition
Building Management in Hong Kong, 3rd Edition

List Price: HKD 1,600.00

HKD 1,552.00 Save HKD 48.00 (3%)

Hong Kong Listed Company: Law and Practice
Hong Kong Listed Company: Law and Practice

List Price: HKD 1,980.00

HKD 1,920.60 Save HKD 59.40 (3%)

Commercial Litigation in Hong Kong: A Practical Guide, 2nd Edition
Commercial Litigation in Hong Kong: A Practical Guide, 2nd Edition

List Price: HKD 3,288.00

HKD 3,189.36 Save HKD 98.64 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 3rd Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 3rd Edition

List Price: HKD 1,300.00

HKD 1,261.00 Save HKD 39.00 (3%)

Doing Business in China: A Quick Tax Guide
Doing Business in China: A Quick Tax Guide

List Price: HKD 600.00

HKD 582.00 Save HKD 18.00 (3%)

Negotiated Acquisitions and Buyouts
Negotiated Acquisitions and Buyouts

List Price: HKD 730.00

HKD 708.10 Save HKD 21.90 (3%)

Hong Kong Company Secretary Checklist
Hong Kong Company Secretary Checklist

List Price: HKD 788.00

HKD 764.36 Save HKD 23.64 (3%)

Concise Guide: Compliance and Company Secretarial Practice of Hong Kong Private Companies
Concise Guide: Compliance and Company Secretarial Practice of Hong Kong Private Companies

List Price: HKD 2,388.00

HKD 2,316.36 Save HKD 71.64 (3%)

Hong Kong Company Law, 14th Edition
Hong Kong Company Law, 14th Edition

List Price: HKD 489.00

HKD 474.33 Save HKD 14.67 (3%)

Individual Income Tax Planning for Expatriates in China, 6th Edition
Individual Income Tax Planning for Expatriates in China, 6th Edition

List Price: HKD 1,280.00

HKD 1,241.60 Save HKD 38.40 (3%)