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Keywords: Jurisdictional agreements and the Brussels Regulation
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Chapter
Background and Introduction to the Regulation
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Andrew Dickinson
Published: 07 May 2015
...; the Regulation’s relationship with other instruments; the Regulation’s relationship with national law and procedure; fundamental rights and freedoms; and the Brussels I Regulation and third states. Protection of fundamental rights Conflict of instruments Jurisdictional agreements and the Brussels Regulation...
Chapter
‘Bridging the Gap’: Contrasting Effects of US Supreme Court Territorial Restraint On European Collective Claims
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Vincent Smith
Published: 01 September 2012
... Regulation 44/2001 (n 20 ) Art 5.3. 39 Regulation 44/2001 (n 20 ) Art 5.1. Collective redress Jurisdictional agreements and the Brussels Regulation 21 BRIDGING THE GAP : CONTR ASTING EFFECTS OF US SUPREME COURT TERRITORIAL RESTRAINT ON EUROPEAN COLLECTIVE CLAIMS Vincent...
Chapter
International and Territorial Application
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Trevor C Hartley
Published: 20 July 2017
Chapter
General
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Trevor C Hartley
Published: 20 July 2017
... as the CJEU would: they must follow any relevant decisions of the CJEU; if there is no decision in point, they must adopt the same method of interpretation as the CJEU. The chapter then looks at the aims and objectives of the three legal instruments. Jurisdictional agreements and the Brussels Regulation...
Chapter
Update to Chapter 18: Brussels and Lugano: Grounds for Refusal of Recognition and Enforcement of Judgments
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Trevor C Hartley
Published: 20 July 2017
... grounds are set out in Brussels 2012, Article 45, and Lugano 2007, Articles 34 and 35. They are similar (though not entirely the same) under both instruments. Conflict of instruments Jurisdictional agreements and the Brussels Regulation Jurisdiction under the Brussels-Lugano Regime Limitations...
Chapter
Update to Chapter 25: Conventions on a Particular Matter
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Trevor C Hartley
Published: 20 July 2017
... jurisdiction or the recognition or enforcement of judgments. Lugano 2007, Article 67(1), contains a similar provision. Jurisdictional agreements and the Brussels Regulation Jurisdiction under the Brussels-Lugano Regime Jurisdiction under the Lugano Convention N-25-1 If damages arising out of the same facts...
Book
Published: 20 July 2017
Chapter
Published: 01 August 2013
..., potential benefits to third parties, electronic communications, and damages for unlawful litigation. Contractual term Choice of law clauses Jurisdictional agreements and the Brussels Regulation Insurance contracts Specific exclusions Hague Evidence Convention N-3-1 The Hague Convention on Choice...
Chapter
Introduction
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Trevor C Hartley
Published: 01 August 2013
...Contractual term Validity and effect Jurisdictional agreements and the common law Jurisdictional agreements and the Brussels Regulation Exclusive forum clauses Jurisdiction and the English courts Forum non conveniens Judgments from designated court under dispute resolution agreement...
Chapter
The Basic Recognition and Enforcement Obligation and Criteria for Eligibility (Articles 4–6)
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Ronald A Brand and others
Published: 09 November 2023
.... Jurisdictional agreements and the Brussels Regulation Assessment of damages Recognition and enforcement of foreign judgments 6.01 Chapter II, ‘Recognition and Enforcement’, contains the operational core of the Convention. Chapter II regulates recognition and enforcement of judgments within the scope...
Book
The Brussels I Regulation Recast
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Andrew Dickinson (ed.) and others
Published: 07 May 2015
Chapter
Commentary on the Original Insolvency Proceedings Regulation and the Recast Insolvency Proceedings Regulation
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Christoph Paulus and Tom Smith
Published: 19 October 2023
... the position up to date and covers both insolvency and pre-insolvency proceedings. Insolvency Insolvency proceedings in the EU Jurisdictional agreements and the Brussels Regulation Jurisdiction Applicable law This commentary also incorporates additional commentary which was provided in the previous...
Chapter
Territorial Application
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Trevor C Hartley
Published: 01 August 2013
.... Territorial Applications Jurisdictional agreements and the Brussels Regulation International Scope Jurisdiction under the Lugano Convention EU Rules Judgments from courts of a member state Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions 2 Territorial Application § 1...
Chapter
From What Date do the Instruments Apply?
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Trevor C Hartley
Published: 01 August 2013
.... 9 This is also the case under subparagraph (a). 10 Wolf Naturprodukte v. SEWAR , Case C-514/10, 21 June 2012. 11 Wolf Naturprodukte v. SEWAR , paragraphs 26 et seq . of the judgment. Jurisdictional agreements...
Book
Published: 01 August 2013
Chapter
Published: 20 July 2017
... (antitrust) matters; liability for nuclear damage; personal injury; damage to property; matters subject to exclusive jurisdiction; infringement of intellectual-property rights; and declarations under the Hague Convention. The chapter also considers preliminary questions. Jurisdictional agreements...
Chapter
Update to Chapter 17: Brussels and Lugano: Procedure
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Trevor C Hartley
Published: 20 July 2017
... to the enforcement of judgments from another Member State or Lugano State. Enforcement of foreign judgments Jurisdictional agreements and the Brussels Regulation Jurisdiction under the Brussels-Lugano Regime Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions Jurisdiction under...
Book
The 2019 Hague Judgments Convention
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Ronald A Brand and others
Published: 09 November 2023
Chapter
Introduction
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Brooke Marshall
Published: 24 March 2023
... International and Comparative Law Quarterly 297 ; see paras 5.122–5.134 . 18 That is to say, any country that is neither an EU Member State nor a European Free Trade Association State which is bound by the 2007 Lugano Convention: see para 1.13 . Jurisdictional agreements and the Brussels...
Chapter
Jurisdiction and types of jurisdiction by agreement: EU and common law perspectives
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Brooke Marshall
Published: 24 March 2023
...Contractual agreements on jurisdiction Exclusive forum clauses Jurisdictional agreements and the Brussels Regulation Jurisdictional agreements and the common law Jurisdiction and procedural connection with England Jurisdictional agreement Jurisdiction 2.01 This chapter introduces...