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Civil Jurisdiction and Judgments in Europe

Civil Jurisdiction and Judgments in Europe The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention, 2nd Edition

Author: Trevor Hartley
Publisher: Oxford University Press
ISBN: 9780198879749
Published In: July 2023
Format: Hardback , 512 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Examining jurisdiction and the recognition and enforcement of judgments in Europe, Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention provides a practical explanation of how these three legal instruments interact to form a coherent system. Trevor Hartley identifies the legal principles that lie behind the individual provisions of the instruments and provides a systematic explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU.

The pace of development is rapid in the field of civil jurisdiction. Since the book was first published in 2017, the UK has withdrawn from the EU and the CJEU has handed down judgments that have changed how the different policies and principles are interpreted together. In this new edition, Hartley continues to examine the extensive case-law of the CJEU and considers the wider applicability of the principles that the Court has articulated. He also illustrates how the Hague Choice of Court Convention will continue to apply in the UK as a means of upholding exclusive choice-of-court clauses between the EU and the UK.

The focus of this book is European and international, and explanation of how the three instruments harmonise remains relevant to practitioners and academics based on the Continent and in the UK.
Part I: General and Introductory
1: Introduction
2: International and Territorial Application
3: From What Date do the Instruments Apply?
4: Subject Matter Scope: Civil and Commercial Matters
5: Subject Matter Scope: Specific Exclusions
6: Conflict of Instruments

Part II: Jurisdiction
7: Jurisdiction: General Principles
8: Special Jurisdiction
9: Multiple Parties and Multiple Claims
10: Maritime Claims
11: Protective Jurisdiction
12: Exclusive Jurisdiction
13: Choice-of-Court Agreements
14: Submission
15: Examination as to Jurisdiction and Admissibility

Part III: Recognition and Enforcement
16: Recognition and Enforcement of Judgments: Introduction
17: Brussels and Lugano: Procedure
18: Brussels and Lugano: Grounds for Refusal of Recognition and Enforcement of Judgments
19: Brussels and Lugano: Authentic Instruments and Court Settlements
20: Hague

Part IV: Procedural and Systematic Issues
21: Concurrent Proceedings: Lis Pendens, Forum Non Conveniens, and Antisuit Injunctions
22: Provisional (Interim) Measures
23: Choice-of-Court Agreements: Multiple Proceedings/Jurisdictional Conflicts
24: Arbitration
25: Relationship with Other Instruments (Conventions on a Particular Matter)

Appendix 1: Brussels 2012
Appendix 2: Lugano 2007
Appendix 3: EU Decision Concluding Lugano 2007
Appendix 4: Hague
Appendix 5: Directive on the Return of Cultural Objects
Appendix 6: 1952 Brussels Arrest Convention
Appendix 7: 1952 Collision Convention
Appendix 8: Insurance Directive (Solvency II)
Appendix 9: EU Service Regulation
Appendix 10: Hague Service Convention
Appendix 11: New York Arbitration Convention