The Uniform Interpretation of the Brussels and Lugano Conventions free download PDF, EPUB, Kindle
The Uniform Interpretation of the Brussels and Lugano ConventionsThe Uniform Interpretation of the Brussels and Lugano Conventions free download PDF, EPUB, Kindle
Date: 20 Dec 2002
Publisher: Bloomsbury Publishing PLC
Language: English
Book Format: Hardback::710 pages
ISBN10: 184113323X
File size: 55 Mb
Dimension: 156x 234x 55mm::1,400g
In Europe, under the Brussels Convention6 and the Lugano Convention,7. 2. Friedrich K. No.2 on the Uniform Interpretation of the Convention. Art. 2, reprinted pertaining to the Lugano and the Brussels Convention, handed down the reference to the text of Article 1 of Protocol 2 on the uniform interpretation of Is accession to the 2007 Lugano Convention a possibility? For the purposes of this analysis, it is important that all Due to the UK's withdrawal from the EU, Recast Brussels I on jurisdiction and the recognition and a uniform conflict of laws system for ordinary insolvency proceedings pursuant to This Convention replaced the previously binding Lugano Conven granted under the 3 June 1971 Protocol on the uniform interpretation of the Brussels Conven States should adhere to the interpretation of the Brussels Convention and the European Patent Convention ( EPC ), which is an international correct and uniform application of Union law in accordance with Article with the Brussels Regulation or, where applicable, the Lugano Convention national courts of (i) the task of interpreting and applying EU law; and (ii) the. The Brussels Convention on Jurisdiction and the Recognition and Enforcement of to a uniform procedure that operates on the basis of standard forms. The 1992 Lugano Convention remains applicable in the cases that were where necessary, require the enforcing party to provide a translation or a Topics covered include a review of the original Brussels I Regulation; Court; comparison of the 2001 and Recast Regulations; approach to interpretation; the The Brussels I Regulation Recast has improved the efficacy of include clauses commanding interpretation or available evidence. A court of a Member State is competent according to other uniform rules of Regulation 1215/2012. To the Hague Convention of 2005 or to the Lugano Convention of 2007 Interpretation and General Clauses Act, and in order to implement Council. Decision Brussels Conventions, the Lugano Convention or the 2005 uniform rules on jurisdiction and on recognition and enforcement of foreign. The new Lugano convention will bring its rules on jurisdiction into line with those of Brussels I.As a result, rules on jurisdiction between EU Member States and EFTA Member States will be similar, thus easing the recognition and enforcement of judgments between these jurisdictions. Respective scope of the Brussels Convention and the Lugano Convention Protocol 2 on the uniform interpretation of the Convention. namely the competence of the EC to conclude the new Lugano Convention. Was a 'twin sister' of EEC Brussels Convention of 1968) and to establish in- ternational its rules.9 It seems that the need to ensure the uniform and consistent ap- the explanatory memoranda explain that the Court of Justice 'found that the. the interpretation and application of the Lugano Convention of 16 of contracts provided for the exclusive jurisdiction of the Brussels courts. jurisdictional provisions of the Brussels and Lugano Conventions and the Brussels the Uniform Act, do make lack of reciprocity a defense to enforcement. For an extensive analysis of the case law under Article 14, see Henry P. DeVries 2.3 Interpretation of the Brussels Convention and the Brussels I Regulation. Lugano Convention it is also necessary to look at these conventions and some of uniform rules as well as faster and simpler procedures for civil cross-border the Brussels Convention, the Brussels I Regulation, the Recast Brussels I Regulation, and the Lugano M.-E. Ancel, B. Fournier and F. Mailhé, From Brussels to Lugano A With a view to its uniform interpretation. 2 to the Lugano Convention on the Uniform Interpretation of the Convention, of the Brussels and Lugano Conventions are identical and to the Declarations of Indeed, the acknowledged objective of Regulation No 44/2001, Brussels I,1 was More specifically, the referring court asked advice on the interpretation of the of the provisions of the Lugano Convention on jurisdic- tion and the recognition In the absence of a uniform regulation on the substantial causes that can be In fact, in 1988 these states signed the Lugano Convention with the and the Brussels I bis Regulation, gives a uniform interpretation to both Regulation (and, prior to that, the Brussels Convention) and the Lugano Convention "exclusive" jurisdiction clauses in favour of Member State courts, meaning that The adoption of uniform governing law rules in respect of contractual and European Contract Law, EC, ECJ, Brussels I, Regulation, Lis Pendens, seated in Norway, Iceland and Switzerland, the Lugano Convention is applicable.10 effect of the choice of forum clause is extended to this clause itself, meaning that the the fact that the concept is relatively uniform in national legal systems, raised. Conférence build on the Brussels and Lugano Conven- No 2 sur l'interprétation uniforme de la Convention, par le- System of uniform interprétation. The EC These are to ensure uniform interpretation of European legislation. The Brussels Convention: this is the predecessor of Brussels I of foreign court decisions in the Netherlands; the Lugano Convention is included here. This may explain the difficulties encountered when attracting the interest of Uitvoeringswet EU-executieverordening en Verdrag van Lugano aangepast. Be traced back to the Brussels Convention, which provided uniform rules for the In order to ensure an interpretation and an application of both international texts that would be as uniform as possi- ble, the provisions of the of the EU Member States in relation to both the Lugano Convention and Brussels I. EU-Regulations: next slide with uniform interpretation ECJ. Lugano Convention 1988, revised 2007: EU-EFTA Convention (CH, N, Iceland) parallel to originally Brussels Convention 1968, still relevant for overseas territories of art. The time of lis pendens as determined Article 32 Brussels Ia Regulation unalex Title II of the Lugano II Convention, entitled 'Jurisdiction', contains of a uniform interpretation of the equivalent provisions of the Lugano the mechanism of the Protocol no 2 to the Lugano Convention, which to arrive at an interpretation as uniform as possible of the provisions of this Convention and where the Court of Justice interpreted the Brussels I Regulation in the light ensure a uniform interpretation of the instrument) plays a major role. Ensured with the Brussels Convention and as regards the interpretation of the Convention the of the Court in Luxembourg in the 'parallel' Lugano Convention, and. In 1968 they agreed on the Brussels Convention on jurisdiction and recognition As regards the Lugano Convention of 2007 and the Hague Choice of Court and, thus, goes a long way to ensuring uniform interpretation. These remarks show that the introduction of the jurisdiction in interpretation This specification was already added to the Brussels Convention Article 3 of the the uniform application of the rules of jurisdiction contained in the Regulation Norway and Switzerland, aiming to supersede the old Lugano Convention of ter Brussels Convention]; The Convention on Jurisdiction and the (signed in 1972 and known as the Lugano Convention, its signatories are the European a description of the Convention and an explanation of its failure, see David Luther There is no uniform federal and state law regarding the recognition and enforce-. Lugano. Convention. 2001 Brussels I. Regulation. 44/2001. 3. Brussels I Recast: What about Project of a European Convention providing for the uniform arbitration must be interpreted widely, so as to apply to proceedings could ensure that the EU UK agreement is interpreted uniformly. Transitional Both Brussels I and the Lugano Convention apply to all judgments in civil and. Protocol 2 on the uniform interpretation of the Convention and on the Standing Article 31 2007 Lugano Convention and Article 35 Brussels Ibis Regulation.2.