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

ISBN : 9780198729006

Trevor Hartley
608 Pages
156 x 234 mm
Pub date
Jul 2017
Oxford Private International Law Series
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This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe; the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. Providing a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU; this book is ideal for practitioners. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.


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

About the author: 

For many years professor of law at the London School of Economics, Trevor Hartley is a member of the Lord Chancellor's Advisory Committee on Private International Law. He worked closely with the UK negotiating team during the recast of the Brussels Regulation, and was a member of the UK delegation, and co-rapporteur, for the Hague Choice-of-Court Convention. He is also a member of the European Group for Private International Law (GEDIP), a body which helps the EU Commission prepare the way for new initiatives in the field.

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