The State of Play of the Recast of the Brussels I Regulation

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

The most important elements of the Commission’s Proposal of 14 December 2010 for a new Brussels I Regulation presently under negotiation are discussed. The negotiations are likely to end during the second half of 2012. The Commission focuses on four subjects. First, the Commission proposes that Brussels I should also apply to cases where the defendant is domiciled outside Europe. Second, it proposes to abolish exequatur. Third, the Commission proposes to make jurisdiction agreements more efficient in order to avoid ‘Italian Torpedoes’, and fourthly, it also proposes provisions enhancing the efficiency of arbitration agreements where a party is trying to avoid arbitration.
The most important elements of the Commission’s Proposal of 14 December 2010 for a new Brussels I Regulation presently under negotiation are discussed. The negotiations are likely to end during the second half of 2012. The Commission focuses on four subjects. First, the Commission proposes that Brussels I should also apply to cases where the defendant is domiciled outside Europe. Second, it proposes to abolish exequatur. Third, the Commission proposes to make jurisdiction agreements more efficient in order to avoid ‘Italian Torpedoes’, and fourthly, it also proposes provisions enhancing the efficiency of arbitration agreements where a party is trying to avoid arbitration.
LanguageEnglish
JournalNordic Journal of International Law
Volume81
Issue number4
Pages585-603
Number of pages19
ISSN0902-7351
DOIs
StatePublished - 2012

Keywords

  • European Union
  • State of Play
  • Third State Jurisdiction
  • Choice of Court Agreements
  • Recognition and Enforcement of Judgements
  • Abolition of Exequatur
  • Recast of the Brussels I Regulation
  • Arbitration Agreements
  • International Jurisdiction

Cite this

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title = "The State of Play of the Recast of the Brussels I Regulation",
abstract = "The most important elements of the Commission’s Proposal of 14 December 2010 for a new Brussels I Regulation presently under negotiation are discussed. The negotiations are likely to end during the second half of 2012. The Commission focuses on four subjects. First, the Commission proposes that Brussels I should also apply to cases where the defendant is domiciled outside Europe. Second, it proposes to abolish exequatur. Third, the Commission proposes to make jurisdiction agreements more efficient in order to avoid ‘Italian Torpedoes’, and fourthly, it also proposes provisions enhancing the efficiency of arbitration agreements where a party is trying to avoid arbitration.",
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The State of Play of the Recast of the Brussels I Regulation. / Nielsen, Peter Arnt.

In: Nordic Journal of International Law, Vol. 81, No. 4, 2012, p. 585-603.

Research output: Contribution to journalJournal articleResearchpeer-review

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