Civil Jurisdiction and Judgements in Europe
� The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
   
 
Författare:Hartley Trevor
Titel:Civil Jurisdiction and Judgements in Europe � The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention
Upplaga:2 uppl.
Utgivningsår:2023
Omfång:512 sid.
Förlag:Oxford University Press
ISBN:9780198879749
Produkttyp:Inbunden
Serie:Oxford Private International Law Series
Ämnesord:Internationell privat- och processrätt , EU-rätt , Utländsk rätt

Pris: 2692 SEK exkl. moms

 

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 Since the book was first published in 2017, the UK has withdrawn from the EU and the CJEU has handed down judgments that have changed how the different policies and principles are interpreted together.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.


Oxford Private International Law Series


- Offers a comprehensive analysis of the three instruments governing international litigation in Europe: the Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

- Written by an author with significant practical experience of these treaties; he played a part in the drawing up of the Hague Convention and gave advice to the UK negotiators for the revised (recast) version of the Brussels Regulation

- Written from a practical point of view, focusing on real-life litigation problems

- Includes extensive analysis of the case-law of the CJEU to demonstrate how these treaties have been interpreted


New to this Edition:

- Provides a thorough analysis of the special impacts of Brexit on the application of the three instruments

- Explains how the decisions of the CJEU have changed the system since 2017

Table of Contents:

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
22:Provisional, Including Protective, Measures
23:Choice-of-Court Agreements: Jurisdictional Conflicts
24:Arbitration
25:Relationship with Other Instruments (Conventions on a Particular Matter)
 
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