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A Step Forward in the Harmonization of European Jurisdiction: Regulation Brussels I Recast Cover

A Step Forward in the Harmonization of European Jurisdiction: Regulation Brussels I Recast

Open Access
|Feb 2016

Abstract

The Brussels regime is a legislative framework that regulates questions of transnational litigation in the European Union. Having been initially shaped upon negotiation of the 1968 Brussels Convention, it has been subsequently superseded and expanded in scope by the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, alongside other instruments addressing specific areas of law. Recently, the Brussels regime has been amended by the Recast Brussels I Regulation, which entered into force on January 15, 2015, bringing about significant and long-awaited change. Addressing the experience of application of its predecessors, the changes in the Recast Regulation have been introduced to the treatment of choice-of-court agreements and their relationship with the lis pendens doctrine, abolition of exequatur, reaffirmation and clarification of the arbitration exclusion, as well as further minor amendments.

Language: English
Page range: 159 - 181
Submitted on: Nov 3, 2015
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Accepted on: Dec 29, 2015
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Published on: Feb 29, 2016
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2016 Alavi Hamed, Khamichonak Tatsiana, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.