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THE NEW EUROPEAN RULES ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS

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

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THE NEW EUROPEAN RULES ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS

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  1. THE NEW EUROPEAN RULES ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS REGULATION 1215/2012 (BRUSSELS 1 REGULATION) By Ignacio ALONSO

  2. 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

  3. Please, save the date! January 10, 2015

  4. Main changes • Choice-of-court agreements • Lis pendens • Abolition of exequatur • Exclusion of arbitration

  5. 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

  6. 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

  7. ABOLITION OF EXEQUATUR • The principle: Exequatur, has been abolished • The procedure to enforce • The refusal of the enforcement

  8. EXCLUSION OF ARBITRATION • The principle: Exclusion of arbitration from Regulation • Anti-delaying techniques

  9. Thank you! Ignacio Alonso

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