The Dutch Kort Geding Procedure in an International Perspective: A Comparative View on Provisional Measures and Private International Law

Abstract

This is the summary of a book as a result of a Ph.D. thesis defended at Leiden University on 26 April 2001. It deals with the position of provisional and protective measures in private international law and international litigation. The starting position is the Dutch procedure for obtaining provisional and protective measures (the so-called kort geding procedure). The subject-matter is however approached from a comparative perspective; provisional measures and private international law aspects from Belgium, France, Germany, Switzerland and the United Kingdom are taken into account. It contains six chapters: 1) national provisional and protective measures in comparative perspective, 2)international jurisdiction concerning provisional and protective measures, 3) recognition and enforcement of provisional and protective measures, 4) cross-border injunctions 5) application of choice of law rules in proceedings for provisional and protective measures, 6) concluding chapter on the position of provisional and protective measures in international litigation.

Keywords: provisional measures, kort geding, private international law, international litgation, jurisdiction, conflict of laws, recognition and enforcement, cross-border injunctions

JEL Classification: K41