Jurisdiction Over Non-EU Defendants - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Jurisdiction Over Non-EU Defendants write by Tobias Lutzi. This book was released on 2023-05-18. Jurisdiction Over Non-EU Defendants available in PDF, EPUB and Kindle. This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Reconciling Transnational Jurisdiction
Reconciling Transnational Jurisdiction - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Reconciling Transnational Jurisdiction write by Gerlinde Berger-Walliser. This book was released on 2019. Reconciling Transnational Jurisdiction available in PDF, EPUB and Kindle. The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants -- and foreign corporations in particular. The Supreme Court's restrictions are -- although a peripheral concern -- motivated by an interest for international comity and an effort to bring US jurisdiction rules more in line with other nations' laws. However, an in-depth comparative analysis between the EU Brussels Regulation and U.S. Supreme Court opinions reveals that the Supreme Court's decisions remain deeply grounded in the traditional U.S. paradigm of personal jurisdiction. The persisting differences help explain why further harmonization of U.S. jurisdiction rules with EU law remains difficult. Predictability appears to have different meanings to the EU legislator and the U.S. Supreme Court. For the Supreme Court, predictability comes at the price of restricting both general and specific jurisdiction to limit exposure of the alien defendant to fewer potential forums. The Brussels Regulation in contrast provides a lengthy, but exhaustive, list of special heads of jurisdiction. It thereby extends what U.S. law would call specific jurisdiction and takes into account the interests of defendants, plaintiffs, and the forum State, both as a matter of public policy and sovereignty. Hence, the Regulation's use of clearly defined connecting factors in lieu of imprecise legal terms, combined with European rejection of judicial discretion, could serve as a model to mitigate the shortcomings of the current U.S. regime.
The Foundations of European Transnational Private Law
The Foundations of European Transnational Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Foundations of European Transnational Private Law write by Anna Beckers. This book was released on 2024-05-30. The Foundations of European Transnational Private Law available in PDF, EPUB and Kindle. Since Anu Bradford's groundbreaking book on the Brussels Effect there is a vastly evolving literature on the EU as a global regulatory actor as well as the global reach of EU law. This edited collection connects to this debate. Yet, it shifts the focus from the currently predominant public law focus to investigating European and EU private law and to connecting to literature and research on transnational law. To that end, it proceeds first conceptually by introducing and giving shape to the notion of a “European Transnational Private Law” through four conceptual contributions by the editors. Secondly, it focuses on several sectors (finance, taxation, investment, consumer law, labour law) and topics (climate litigation, global value chains, non-discrimination) to trace sector-specifically the role of EU private law in relation to transnational legal ordering.
Jurisdiction Over Third Country Defendants in the Reform of the Brussels I Regulation
Jurisdiction Over Third Country Defendants in the Reform of the Brussels I Regulation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Jurisdiction Over Third Country Defendants in the Reform of the Brussels I Regulation write by . This book was released on 2012. Jurisdiction Over Third Country Defendants in the Reform of the Brussels I Regulation available in PDF, EPUB and Kindle.
Jurisdiction and Private International Law
Jurisdiction and Private International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Jurisdiction and Private International Law write by Patrick J. Borchers. This book was released on 2014. Jurisdiction and Private International Law available in PDF, EPUB and Kindle. In an increasingly globalized and digitized world, transactions, communications and data flow freely across national borders. When lawsuits arise as a result of those trans-border events, the question of which court or courts have jurisdiction and can provide the appropriate forum becomes critical. This two-volume collection provides a survey of personal jurisdiction across both time and legal systems. It includes articles ranging from the early 20th century to present day and to the problems created by jurisdiction in cyberspace. It also examines the jurisdictional premises of major common law countries and those in the civilian tradition. With an original introduction by the editor, these comprehensive volumes will appeal to scholars and practitioners alike.
