Suchergebnisse

Fentiman is a recognised authority on the law and practice of international commercial litigation. The new edition has been fully updated to reflect current trends and concerns in the management of litigation risk in the transnational legal and regulatory environment including treatment of the recast Brussels Regulation.

AbstractIn December 2010 the European Commission published its long-awaited proposals for the reform of the Brussels I Regulation on civil jurisdiction and the enforcement of judgments. These concern matters of considerable practical importance. But they also expose fundamental questions about the Regulation's proper scope, and its role in complex commercial disputes, which will persist long after the terms of the amended Regulation are settled.

The Brussels and Lugano Conventions together create a common European regime for regulating jurisdiction and the enforcement of judgments in civil and commercial matters. This was never intended to replace entirely the equivalent rules of national law, and local rules conferring jurisdiction generally govern if the defendant is not domiciled in a Contracting State. But it remains unclear when, if at all, national rules for declining jurisdiction may be employed if a court's competence derives from the European regime.