This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe; the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. Providing a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the CJEU; this book is ideal for practitioners.
The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.
Part I: General and Introductory 1: Introduction 2: International and Territorial Application 3: From What Date do the Instruments Apply? 4: Subject Matter Scope: Civil and Commercial Matters 5: Subject Matter Scope: Specific Exclusions 6: Conflict of Instruments Part II: Jurisdiction 7: Jurisdiction: General Principles 8: Special Jurisdiction 9: Multiple Parties and Multiple Claims 10: Maritime Claims 11: Protective Jurisdiction 12: Exclusive Jurisdiction 13: Choice-of-Court Agreements 14: Submission 15: Examination as to Jurisdiction and Admissibility Part III: Recognition and Enforcement 16: Recognition and Enforcement of Judgments: Introduction 17: Brussels and Lugano: Procedure 18: Brussels and Lugano: Grounds for Refusal of Recognition and Enforcement of Judgments 19: Brussels and Lugano: Authentic Instruments and Court Settlements 20: Hague Part IV: Procedural and Systematic Issues 21: Concurrent Proceedings: Lis Pendens, Forum Non Conveniens, and Antisuit Injunctions 22: Provisional (Interim) Measures 23: Choice-of-Court Agreements: Multiple Proceedings/Jurisdictional Conflicts 24: Arbitration 25: Relationship with Other Instruments (Conventions on a Particular Matter) Appendix 1: Brussels 2012 Appendix 2: Lugano 2007 Appendix 3: EU Decision Concluding Lugano 2007 Appendix 4: Hague Appendix 5: Directive on the Return of Cultural Objects Appendix 6: 1952 Brussels Arrest Convention Appendix 7: 1952 Collision Convention Appendix 8: Insurance Directive (Solvency II) Appendix 9: EU Service Regulation Appendix 10: Hague Service Convention Appendix 11: New York Arbitration Convention
For many years professor of law at the London School of Economics, Trevor Hartley is a member of the Lord Chancellor's Advisory Committee on Private International Law. He worked closely with the UK negotiating team during the recast of the Brussels Regulation, and was a member of the UK delegation, and co-rapporteur, for the Hague Choice-of-Court Convention. He is also a member of the European Group for Private International Law (GEDIP), a body which helps the EU Commission prepare the way for new initiatives in the field.
