Brussels I Review – Interface with Arbitration
The Brussels I Regulation’s interface with arbitration vies with
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The Brussels I Regulation’s interface with arbitration vies with
The fifth topic considered in the Green Paper concerns possible adjustments to the lis pendens rules in Arts. 27 and following of the Brussels I Regulation (excluding aspects specifically related to
The next topic considered in the Green Paper is the treatment of provisional and protective measures under the Regulation. In the Commission’s view: The report describes several difficulties with respect to the free circulation of provisional measures. With respect to ex parte measures, it might be appropriate to clarify that such measures can be recognised […]
The Commission’s fourth question concerns the Regulations treatment of litigation concerning intellectual (industrial) property rights. In its Green Paper, the Commission comments: The possibility to effectively enforce or challenge industrial property rights in the Community is of fundamental importance for the good functioning of the internal market. Substantive law on intellectual property is already largely […]
Among the issues raised by the Green Paper, those concerning the treatment of choice of court agreements raises are, almost certainly, the most difficult and controversial. In considering possible reforms, a balance must be struck between the advantages, both commercial and in terms of promoting legal certainty, of supporting party autonomy in matters of jurisdiction, […]
The second topic discussed in the Commission’s Green Paper raises more fundamental questions concerning the treatment under EC law of situations having a material connection with one or more States outside the EC (excluding, for these purposes, the other Contracting States to the Lugano Convention) , including questions of (1) jurisdiction of a Member State […]
This is the first of a series of posts soliciting comment on the proposals for reform of the Brussels I Regulation in the Commission’s recent
Many will, by now, have had the opportunity to consider the
For the 10th Anniversary of the Yearbook of Private International Law, a conference will be held in Lausanne, Switzerland, on 19 March 2009 at the Swiss Institute of Comparative Law. The topic of the day will be “The Future of PIL between National and International Codifications and Case Law”. The program can be found
DeCITA (Derecho del Comercio Internacional – Temas y Actualidades) (semi-annual publication in spanish, english, portugese or french) has released its 9th issue. As usual it covers topics concerning not only Latin American Private International Law but also European and North American Law. Each issue is devoted to one specific subject and adresses also the latest […]