The Brussels I Regulation Recast

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Andrew Dickinson (Fellow of St Catherine's College and Professor of Law, Fellow of St Catherine's College and Professor of Law, University of Oxford) Eva Lein (Senior Research Fellow in Private International Law, Senior Research Fellow in Private International Law at BIICL, Herbert Smith Freehills)

The Brussels I Regulation Recast

Andrew Dickinson (Fellow of St Catherine's College and Professor of Law, Fellow of St Catherine's College and Professor of Law, University of Oxford), Eva Lein (Senior Research Fellow in Private International Law, Senior Research Fellow in Private International Law at BIICL, Herbert Smith Freehills)

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English

Oxford University Press
09 April 2015

EU & European institutions; Private international law & conflict of laws; Commercial law; Contract law

The Brussels I Regulation has undergone a lengthy review process, resulting in Regulation (EU) 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). The provisions of the new Regulation apply from 10 January 2015.

This work, written by a number of leading experts on the subject, provides a commentary on the Recast Regulation. It contains a concise article-by-article commentary on all provisions of the recast Regulation with reference to the existing case law of the European Court of Justice and leading national decisions, and provides additional focus on the newly introduced changes, in particular to the provisions on lis pendens and the recognition and enforcement of judgments.

By: Andrew Dickinson (Fellow of St Catherine's College and Professor of Law Fellow of St Catherine's College and Professor of Law University of Oxford), Eva Lein (Senior Research Fellow in Private International Law, Senior Research Fellow in Private International Law at BIICL, Herbert Smith Freehills)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 255mm, Width: 181mm, Spine: 53mm
Weight: 1.620kg
ISBN: 9780198714286
ISBN 10: 0198714289
Pages: 882
Publication Date: 09 April 2015
Audience: Professional and scholarly , College/higher education , Undergraduate , Further / Higher Education
Format: Hardback
Publisher's Status: Active

1: Andrew Dickinson: Background and Introduction to the Regulation 2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 - 3) 3: Helene van Lith: Jurisdiction - General Provisions (Art. 4-6) 4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9) 5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16) 6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19) 7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23) 8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24) 9: Paco Garcimartin: Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26) 10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28) 11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34) 12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35) 13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57) 14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60) 15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65) 16: Andrew Dickinson: Transitional Provisions (Art. 66) 17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73) 18: Andrew Dickinson: Final Provisions (Arts. 74-81) Appendix 1. The Regulation: English, French and German language versions. Appendix 2. Comparison of 2001 Regulation and Recast Regulation Appendix 3. Commission Proposal (Annexes omitted) Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee Appendix 5. Information Published by the Commission Pursuant to Art 76

Professor Andrew Dickinson is a Fellow of St Catherine's College and Professor of Law at the University of Oxford, a Solicitor and Consultant to Clifford Chance LLP in London, Visiting Fellow at the British Institute of International and Comparative Law (BIICL) and External Scientific Fellow at the Max Planck Institute for International, European and Regulatory Procedural Law, in Luxembourg. He was closely involved in the Brussels I review process as an expert for the European Parliament and submitted a briefing note on the Commission's Proposal for a Brussels I bis Regulation. Dr Eva Lein is the Herbert Smith Freehills Senior Research Fellow in Private International Law at BIICL. She has published various articles in this area with a special focus on jurisdiction under the Brussels I Regulation and recently edited the book The Brussels I Review Proposal Uncovered (BIICL, 2012). She has organised several events and expert discussions on the revision process of the Brussels I Regulation. Her recent edited work also includes Extraterritoriality and Collective Redress with Duncan Fairgrieve (OUP, 2012).

Reviews for The Brussels I Regulation Recast

The adoption of the Brussels I (Regulation) Recast provides the opportunity for an in-depth analysis on the innovations contained therein. Therefore, this excellent book provides useful guidance on the interpretation and application of the rules. The book is written by seventeen distinguished scholars from all over Europe and it is divided into eighteen chapters covering the entire provisions of the Brussels I Recast ... his book will certainly have a long shelf-life and ought to make a positive impact on private international law. Chukwudi Paschal Ojiegbe, Edinburgh Law Review The Brussels I Regulation Recast is clearly and logically written and offers useful guidance to academics, practitioners, students, or indeed anyone wishing to understand the jurisdiction and the recognition and enforcement regime of the Brussels I Recast. Chukwudi Paschal Ojegbe, Edinburgh Law Review Throughout, the text is commendable for its concision and clarity, and the editors should be congratulated that a project of this scale remains remarkably free from proofing errors. Bobby Lindsay, University of Glasgow Most parts of this book are extremely valuable since they offer expert views on recurring questionings as well as practical guidance for the application of the Regulation. Stephanie Francq, Louvain Overall, the impression is of a thorough and genuinely European survey. The text deserves to be an essential addition to the bookshelves of practitioners across Europe. Sarah Garvey, Law Gazette