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Civil Jurisdiction and Judgments in Europe

Civil Jurisdiction and Judgments in Europe The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention, 2nd Edition

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198879749
  • 出版时间 July 2023
  • 规格: Hardback , 512 pages
  • 适应领域: European Union ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,056.25

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  • 描述 
  • 大纲 
  • 详细

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 Since the book was first published in 2017, the UK has withdrawn from the EU and the CJEU has handed down judgments that have changed how the different policies and principles are interpreted together.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

  • 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

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