The Proposal for a Regulation of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast) ('Brussels I bis' Regulation)

European Parliament, September 2011

Sydney Law School Research Paper No. 11/58

45 Pages Posted: 20 Sep 2011

See all articles by Andrew Dickinson

Andrew Dickinson

University of Oxford - Faculty of Law; University of Oxford

Abstract

This note considers several aspects of the reforms proposed by the Commission (COM (2010) 748 final, 14 December 2010) to the current EU legal framework regulating the jurisdiction of Member State courts, and the recognition and enforcement of judgments, in civil and commercial matters, as contained in Regulation (EC) No. 44/2001 (the “Brussels I” Regulation). It suggests possible amendments to the Commission’s Proposal, as set out in the Annex. This paper was presented by the author at a hearing on the review of the Brussels I Regulation held at the European Parliament on 20 September 2011. It is a publication of the European Parliament.

Keywords: private international law, European Union, Brussels I Regulation (Regulation (EC) 44/2001), review of Regulation, European Parliament, abolition of exequatur, international legal order, choice of court agreements, arbitration agreements, movable property, right to strike

JEL Classification: K10, K30, K33

Suggested Citation

Dickinson, Andrew, The Proposal for a Regulation of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Recast) ('Brussels I bis' Regulation). European Parliament, September 2011; Sydney Law School Research Paper No. 11/58. Available at SSRN: https://ssrn.com/abstract=1930712

Andrew Dickinson (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

University of Oxford ( email )

Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom

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