engleski

The Revised Lis pendens rule in the Brussels Jurisdiction Regulation

This contribution analyses the changes introduced with respect to the lis pendens rule in the Recast Brussels-I Regulation. The discussion will focus first on the amendments intended to enhance the effectiveness of forum-selection agreements. Thereafter other changes aimed at minimising the possibility of concurrent proceedings and of issuing irreconcilable judgments are briefly addressed, especially the provisions relating to proceedings pending before the courts of third States. Finally, the issue of interaction between arbitration and the Regulation will be touched upon. Although none of the suggestions in the Commission's Proposal to revise the lis pendens rule in that respect was accepted in the Recast Regulation, it is briefly presented how problems perceived by the Commission have been dealt with in the final text.

Revised Lis Pendens rule ; Brussels Jurisdiction Regulation

nije evidentirano