Cross-Border Litigation in Europe

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256776
Total Pages : 864 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Cross-Border Litigation in Europe by : Paul Beaumont

Download or read book Cross-Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

Cross-Border Litigation in Central Europe

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537108
Total Pages : 494 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Cross-Border Litigation in Central Europe by : Csongor István Nagy

Download or read book Cross-Border Litigation in Central Europe written by Csongor István Nagy and published by Kluwer Law International B.V.. This book was released on 2022-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-Border Litigation in Central Europe EU Private International Law Before National Courts As a consequence of the ever-increasing intercourse within the enlarged and diverse European Union (EU), a growing number of businesses, consumers, and families rely on EU private international law instruments to seek justice in cross-border disputes. This invaluable reference book offers an in-depth understanding of this process in Central Europe and is the first to provide a comprehensive and analytical overview of the judicial practice in the region and to make this case law accessible in English. Presenting the results of a major EU-funded project (CEPIL), the book offers an insight into the reality of EU private international law and cross-border litigation in Central Europe: it provides a comprehensive and exhaustive presentation of the case law in 10 Central European Member States (Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia); it covers all fields of EU private international law (general civil and commercial, insolvency, family and succession matters); it inquires whether EU private international law functions optimally in the Central European Member States in order to secure a Europe of law and justice; it examines whether EU private international law instruments are applied in a correct and uniform manner and whether national courts deal appropriately with disputes having a cross-border element; it analyzes whether the current legal and institutional architecture is susceptible of securing legal certainty and an effective remedy for cross-border litigants. This important practical resource helps businesses, consumers, families and legal counsels engaged in cross-border mobility to gain access to essential information and analysis as to the application and interpretation of EU private international law in Central Europe. The book is also highly valuable to academics and researchers specializing in private international law by presenting the research findings of the CEPIL project.

Cross-Border Class Actions

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866539673
Total Pages : 352 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Cross-Border Class Actions by : Arnaud Nuyts

Download or read book Cross-Border Class Actions written by Arnaud Nuyts and published by Walter de Gruyter. This book was released on 2013-12-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.

Jurisdiction and Cross-Border Collective Redress

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930310
Total Pages : 368 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Jurisdiction and Cross-Border Collective Redress by : Alexia Pato

Download or read book Jurisdiction and Cross-Border Collective Redress written by Alexia Pato and published by Bloomsbury Publishing. This book was released on 2019-07-11 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.

Cross-Border EU Competition Law Actions

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782251596
Total Pages : 452 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Cross-Border EU Competition Law Actions by : Mihail Danov

Download or read book Cross-Border EU Competition Law Actions written by Mihail Danov and published by Bloomsbury Publishing. This book was released on 2013-06-18 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, written within the framework of a research project funded by the European Commission Civil Justice Programme, identifies the ways in which cross-border EU competition law actions can best be handled in Europe. Employing traditional library-based legal research methods as well as qualitative interviews with legal practitioners in Germany and England (countries sharing different legal traditions) and policy-makers in Brussels, the book considers how private EU competition law actions are functioning at the moment and how they could and should be developed. The study proposes solutions for some of the most pressing practical problems, and includes chapters by the following academics, legal practitioners and judges: Judge I Pelikánová (General Court of the EU); J Lawrence and A Morfey (Freshfields); P Lasok QC (Monckton Chambers); H Mercer QC (Essex Court Chambers); J Webber (Shearman & Sterling); T Reher (CMS Hasche Sigle, Germany); P Bos and J Möhlmann (BarentsKrans, the Netherlands); P Beaumont (Aberdeen); S Bariatti (Milan); G Howells (Manchester); D Fairgrieve (BIICL); J Fitchen (Aberdeen); A Andreangeli (Edinburgh); D Tzakas (Athens Bar, Greece); S Dnes (Sidley Austin, Brussels); F Becker and J Kammin (Kiel University, Germany); and M Danov (Brunel University).

Eu Cross-Border Commercial Mediation

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789403517537
Total Pages : 288 pages
Book Rating : 4.5/5 (175 download)

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Book Synopsis Eu Cross-Border Commercial Mediation by : Anna Howard

Download or read book Eu Cross-Border Commercial Mediation written by Anna Howard and published by Kluwer Law International. This book was released on 2021-01-13 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Cross-Border Commercial Mediation' is a book which focuses on the European Union?s (EU?s) continued efforts to encourage the use of cross-border mediation and examines why such efforts have had a limited impact. It does so by drawing on rare, and at times surprising, detailed insights from the in-house counsel of multinational companies regarding their use of EU cross-border commercial mediation. By viewing mediation through the disputants? perspective, new and important findings regarding why disputants do, and do not, use cross-border mediation have emerged. While these findings are of primary relevance to EU policy and practice, they have implications far beyond the EU context at a time of increasing international interest in cross-border mediation.

Cross-border litigation in Europe. The Brussels I recast regulation as a panacea?

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Author :
Publisher :
ISBN 13 : 9788813358310
Total Pages : pages
Book Rating : 4.3/5 (583 download)

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Book Synopsis Cross-border litigation in Europe. The Brussels I recast regulation as a panacea? by : F. Ferrari

Download or read book Cross-border litigation in Europe. The Brussels I recast regulation as a panacea? written by F. Ferrari and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cross-Border Transfers of Undertakings

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192611
Total Pages : 400 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Cross-Border Transfers of Undertakings by : Kirsten Henckel

Download or read book Cross-Border Transfers of Undertakings written by Kirsten Henckel and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.

European Civil Practice

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Publisher :
ISBN 13 : 9780421262904
Total Pages : 1968 pages
Book Rating : 4.2/5 (629 download)

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Book Synopsis European Civil Practice by : Stephen O'Malley

Download or read book European Civil Practice written by Stephen O'Malley and published by . This book was released on 1989 with total page 1968 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border litigation in Europe will increase substantially with the completion of the internal market in 1992. Jurisdiction over civil and commercial disputes in the EEC is now determined by the 1968 Brussels Convention on Jurisdiction and Judgments which also regulates questions of recognition and enforcement. Initially drafted by continental lawyers for use in the original six member states of the EEC, it was later adapted to accommodate the interests of the United Kingdom and other new member states. It was incorporated into English Law by the 1982 Civil Jurisdiction and Judgments Act.

Cross-Border Enforcement in Europe: National and International Perspectives

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Publisher :
ISBN 13 : 9781780687773
Total Pages : 254 pages
Book Rating : 4.6/5 (877 download)

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Book Synopsis Cross-Border Enforcement in Europe: National and International Perspectives by : Vesna Rijavec

Download or read book Cross-Border Enforcement in Europe: National and International Perspectives written by Vesna Rijavec and published by . This book was released on 2020-06-15 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.

Cross-border Enforcement of Patent Rights

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199249695
Total Pages : 362 pages
Book Rating : 4.2/5 (496 download)

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Book Synopsis Cross-border Enforcement of Patent Rights by : Marta Pertegás Sender

Download or read book Cross-border Enforcement of Patent Rights written by Marta Pertegás Sender and published by Oxford University Press, USA. This book was released on 2002 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes to what extent the European rules on jurisdiction (the Brussels Convention and its successors) and the choice of law rules create an adequate framework for consolidation of cross-border disputes in one single action.

Diversity of Enforcement Titles in the EU

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Publisher : Springer Nature
ISBN 13 : 3031471083
Total Pages : 401 pages
Book Rating : 4.0/5 (314 download)

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Book Synopsis Diversity of Enforcement Titles in the EU by : Vesna Rijavec

Download or read book Diversity of Enforcement Titles in the EU written by Vesna Rijavec and published by Springer Nature. This book was released on 2023-12-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

Collective and Mass Litigation in Europe

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789906059
Total Pages : 400 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Collective and Mass Litigation in Europe by : Astrid Stadler

Download or read book Collective and Mass Litigation in Europe written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

Collective Redress and Private International Law in the EU

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Author :
Publisher : Springer
ISBN 13 : 9462651868
Total Pages : 268 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Collective Redress and Private International Law in the EU by : Thijs Bosters

Download or read book Collective Redress and Private International Law in the EU written by Thijs Bosters and published by Springer. This book was released on 2017-07-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade and financial transactions, the number of cross-border mass disputes has increased.In the EU, several prototypes of collective redress mechanism exist that can be used toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.

Cross-border Enforcement of Claims in the EU

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789041128614
Total Pages : 0 pages
Book Rating : 4.1/5 (286 download)

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Book Synopsis Cross-border Enforcement of Claims in the EU by : Mikael Berglund

Download or read book Cross-border Enforcement of Claims in the EU written by Mikael Berglund and published by Kluwer Law International. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on preventive security arrangements and precautionary measures that offer creditors the widest possible assurance of obtaining an enforceable cross border title of execution and recovering claims in the event of non-payment by the

Civil Procedure and Harmonisation of Law

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Publisher :
ISBN 13 : 9781780686936
Total Pages : 0 pages
Book Rating : 4.6/5 (869 download)

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Book Synopsis Civil Procedure and Harmonisation of Law by : Anna Nylund

Download or read book Civil Procedure and Harmonisation of Law written by Anna Nylund and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how EU and international civil procedure rules (hard law, soft law, and judicial decision) shape national civil procedure law of the EU member states.

Civil Procedure and EU Law

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Publisher :
ISBN 13 :
Total Pages : 521 pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Civil Procedure and EU Law by : Eva Storskrubb

Download or read book Civil Procedure and EU Law written by Eva Storskrubb and published by . This book was released on 2008 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a burgeoning policy area of the EU - the regulation of cross border civil and commercial litigation - this title analyses the EU's specific legislative measures and assesses their impact on litigation procedure, particularly due process rights.