The Differing Approach to Commercial Litigation in the ECJ and the Courts of England and Wales


Anthony Clarke (Master of the Rolls) has also written an article in the European Business Law Review, on “The differing approach to commercial litigation in the European Court of Justice and the courts of England and Wales“. The abstract reads:

Reviews European Court of Justice cases on the allocation of jurisdiction under Council Regulation 44/2001 (the Brussels Regulation), comparing the English courts’ approach. Discusses whether courts can still issue anti-suit injunctions to restrain legal proceedings in other Member States. Contrasts the principle of forum non conveniens with the emphasis on legal certainty, mutual trust and the facilitation of the single internal market under the Brussels Regulation.

Again, those with a subscription can download the article from here. Andrew Dickinson has kindly provided a link to the article, which originally breathed life as a lecture at the Institute of Advanced Legal Studies in February 2006. You can download it free of charge.

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