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THE NEW EUROPEAN RULES ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS REGULATION 1215/2012 (BRUSSELS 1 REGULATION) By Ignacio ALONSO
Regulation 1215/2012 A “recast” of Regulation 44/2001 Important for: (i) international contractual practise (ii) litigation between in different EU countries and (iii) impact in Third countries
Please, save the date! January 10, 2015
Main changes Choice-of-court agreements Lis pendens Abolition of exequatur Exclusion of arbitration
CHOICE-OF-COURT AGREEMENTS Autonomy of the parties to choose the competent Court Domicile in a Member State: not required The clause: is an independent agreement Not applicable: third country courts
LIS PENDENS The question: proceedings in different Member States The general rule: “first in time rule” The difficulties: the “Italian torpedo” The solution: the exclusive jurisdiction clause
ABOLITION OF EXEQUATUR The principle: Exequatur, has been abolished The procedure to enforce The refusal of the enforcement
EXCLUSION OF ARBITRATION The principle: Exclusion of arbitration from Regulation Anti-delaying techniques
Thank you! Ignacio Alonso
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