Trevor Hartley

Civil Jurisdiction and Judgements in Europe (eBook, PDF)

The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

• Format: PDF

Produktbeschreibung

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 Since the book was first published in 2017, the UK has withdrawn from the EU and the CJEU has handed down judgments that have changed how the different policies and principles are interpreted together.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

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 512
• Erscheinungstermin: 12. Juli 2023
• Englisch
• ISBN-13: 9780198879763
• Artikelnr.: 68378993

Autorenporträt

For many years a professor of law at the London School of Economics, Trevor Hartley is a member of the American Law Institute, the European Group for Private International Law, and the Lord Chancellor's Advisory Committee on Private International Law (UK Ministry of Justice). 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 has published extensively in the fields of private international law and EU law.

Inhaltsangabe

* 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)