Cross-Border Litigation in Europe: The Brussels I Recast Regulation as a Panacea?

Cross-Border Litigation in Europe: The Brussels I Recast Regulation as a Panacea?

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The Brussels I Regime, as set forth in the EC Regulation No 44/2001 (the “Brussels I Regulation”), which goes back to the Brussels Convention, is widely considered to be the foundation stone of a “European Law of Procedure” and to have enhanced cross-border litigation in Europe through an efficient system of judicial cooperation based on comprehensive jurisdiction rules, coordination of parallel proceeding, and circulation of judgments. In spite of its overall success, the system has been viewed as in need of modernization and has recently undergone a revision process, which led to the adoption of the EU Regulation No 1215/2012 (the “Brussels I Recast Regulation”), which became applicable on 10 January 2015. In this book, various authors examine in detail the most important changes introduced by this instrument, focus on issues still open and address the problems arising out of the coexistence of the new Regulation with other instruments in force in Europe. Not unlike the previous book on the Brussels I Recast Proposal published in this series, this volume aims at contributing to what has been an exciting discussion in the past and is likely to be so for years to come. Papers included in this volume were originally presented at an international conference held at Verona University School of Law, with the cooperation of the Center for Transnational Litigation, Arbitration and Commercial Law of the New York University, in November 2014. This event is one of a series of conferences held at Verona University School of Law over the years, the first one dating back to 1996. Even though these conferences dealt with the most disparate topics, ranging from International Sales Law to Private International Law and International Commercial Arbitration, they all have one thing in common: the expertise of the speakers and their willingness to leave the beaten path.

Publication Date

2015

Cross-Border Litigation in Europe: The Brussels I Recast Regulation as a Panacea?

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