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The Brussels I Regulation Recast

The Brussels I Regulation Recast

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198714286
  • Published In: May 2015
  • Format: Hardback , 880 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 

Details

  • The only text describing the provisions of the Regulation and their inter-relationship with one another, with focus on the changes introduced in the recast process
  • Summarises the structure of the Regulation and the role played by the case law of the European Court of Justice
  • A bibliography for each article enables readers to access other sources of commentary (including leading texts in key jurisdictions, monographs and articles)
  • Critical analysis of the text of the relevant Articles and recitals are combined, with a short reference to the legislative history
  • Written by leading experts in the field
  • Helpfully written in an accessible and concise way

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015.

This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

Readership: EU legal practitioners involved in international litigation or transactions, scholars and students in the field of private international law, libraries, litigants, judges and commercial organisations.

1: Andrew Dickinson: Background and Introduction to the Regulation
2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 - 3)
3: Helene van Lith: Jurisdiction - General Provisions (Art. 4-6)
4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9)
5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16)
6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19)
7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23)
8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24)
9: Paco Garcimartin: Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26)
10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28)
11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34)
12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35)
13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57)
14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60)
15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65)
16: Andrew Dickinson: Transitional Provisions (Art. 66)
17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73)
18: Andrew Dickinson: Final Provisions (Arts. 74-81)
Appendix 1. The Regulation: English, French and German language versions.
Appendix 2. Comparison of 2001 Regulation and Recast Regulation
Appendix 3. Commission Proposal (Annexes omitted)
Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee
Appendix 5. Information Published by the Commission Pursuant to Art 76

Andrew Dickinson, Fellow of St Catherine's College and Professor of Law, University of Oxford, and Eva Lein, Senior Research Fellow in Private International Law at BIICL, Herbert Smith Freehills

 

 

Professor Andrew Dickinson is a Fellow of St Catherine's College and Professor of Law at the University of Oxford, a Solicitor and Consultant to Clifford Chance LLP in London, Visiting Fellow at the British Institute of International and Comparative Law (BIICL) and External Scientific Fellow at the Max Planck Institute for International, European and Regulatory Procedural Law, in Luxembourg. He was closely involved in the Brussels I review process as an expert for the European Parliament and submitted a briefing note on the Commission's Proposal for a Brussels I bis Regulation.

Dr Eva Lein is the Herbert Smith Freehills Senior Research Fellow in Private International Law at BIICL. She has published various articles in this area with a special focus on jurisdiction under the Brussels I Regulation and recently edited the book The Brussels I Review Proposal Uncovered (BIICL, 2012). She has organised several events and expert discussions on the revision process of the Brussels I Regulation. Her recent edited work also includes Extraterritoriality and Collective Redress with Duncan Fairgrieve (OUP, 2012).

 

Contributors: 
Andrew Dickinson - Andrew is a Fellow and Tutor in Law at St Catherine's College and Professor of Law at the University of Oxford, a Visiting Fellow at the British Institute of International and Comparative Law (BIICL), and a Consultant to Clifford Chance LLP, London. He is a member of the Mance Committee, the UK Government's Standing Committee on private international law matters, and one of the Specialist Editors of Dicey, Morris & Collins: The Conflict of Laws (15th edn, 2012). ; Eva Lein - Eva is the Herbert Smith Freehills Senior Research Fellow in Private International Law at BIICL, Honorary Senior Lecturer at Queen Mary, University of London, and Visiting Professor at ESCP Europe. She also is an Advisory Board member of the Yearbook of Private International Law. ; Andrew James (Assistant Editor) - Andrew is a researcher in Private International Law at BIICL. ; Marie-Elodie Ancel - Marie-Elodie is Professor of Law at the University Paris-Est Créteil (UPEC). Her first book was dedicated to 'The Characteristic Performance of the Contract'. Co-writer of a book on international contracts to be published in 2015, she is also the co-founder and scientific director of Lynxlex, an online legal database dedicated to the private international law instruments of the European Union. ; Stefania Bariatti - Stefania is Professor of Private International Law at the School of Law, University of Milan, of Counsel to Chiomenti Studio Legale, Milan-Brussels, and a member of the Governing Council, UNIDROIT. ; Andrea Bonomi - Andrea is Professor of Law at the University of Lausanne. He is one of the Editors of the Yearbook of Private International Law. ; Jonathan Fitchen - Jonathan is a Lecturer at the School of Law, Aberdeen University, specializing in the private international law of the EU, in particular the cross-border legal effects that may be produced by authentic instruments and the impact of European private international law upon the private enforcement of competition law in the EU. ; Pietro Franzina - Pietro is a Professor of Private International Law at the University of Ferrara. He has been appointed by the Italian Ministry of Justice to serve as an expert to the Italian contact points of the European Judicial Network in Civil and Commercial Matters. ; Francisco Garcimartin - Francisco is a Chair Professor of Private International Law at Universidad Autónoma of Madrid. He has represented the Spanish government as national expert in different international organizations, such as UNIDROIT, UNCITRAL, The Hague Conference and the Council of the European Union, and is the co-author, with Professor Virgós, of The European Insolvency Regulation: Law and Practice (2004). ; Martin George - Martin is a Lecturer in Law at the University of Leicester, having previously taught at the Universities of Oxford and Birmingham. His research and teaching interests lie in land law and the conflict of laws, and he has published on both subjects in leading journals. Martin is the creator and general editor of conflictoflaws.net, a website devoted to news and views in private international law. ; Martin Illmer - Martin is Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg. He was a member of the Commission's expert group on the interface between Brussels I and arbitration. His research focuses on the areas of European private law, private international law, international civil procedure, arbitration, and mediation. ; Xandra Kramer - Xandra is Professor at the Erasmus School of Law, Erasmus University, Rotterdam, and a Deputy Judge at the District Court of Rotterdam. She conducts research and lectures in the area of private international law, international litigation, arbitration, mediation, and European private law, and is editor-in-chief of the Dutch Journal on Private International Law (NIPR). ; Matthias Lehmann - Matthias is Professor for International and European Private and Business Law and Director of the Institute for International and Comparative Law at the Rheinische Friedrich-Wilhelms University of Bonn. His main areas of interest are conflicts of laws and jurisdictions, arbitration, and European private law, as well as banking and financial law. ; Louise Merrett - Louise is a Fellow and Director of Studies in Law at Trinity College and University Senior Lecturer at the University of Cambridge. She is the author of Employment Contracts in Private International Law (2011). ; Arnaud Nuyts - Arnaud is Professor of Law at the Université Libre de Bruxelles and a Partner at Liederkerke, Wolters, Walbroeck, Kirkpatrick in Brussels. He authored the Study for the Commission on the residual jurisdiction of the Member States during the review of the Brussels I Regulation. ; Pippa Rogerson - Pippa is a Fellow and Director of Studies in Law at Gonville and Caius College and University Senior Lecturer at the University of Cambridge. She is the author of Collier's Conflict of Laws (4th edn, 2012). ; Hélène van Lith- Hélène is Secretary to the ICC Commission on Arbitration and ADR of the International Court of Arbitration, and a Senior Lecturer at the Institute for Political Sciences (Sciences Po) in Paris, where she teaches Cross-border Litigation and Private International Law. She is a Steering Committee member of the BIICL project 'Focus on Collective Redress' and has carried out a research project for the Dutch Ministry of Justice on the Private International Law aspects of the Dutch Class Settlements Act.

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