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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: Thalia Kruger
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

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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