Uniform Interpretation of the Brussels and Lugano Conventions

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This work is a comparative examination of the uniform application of the Brussels and Lugano Conventions by courts in the UK, France, Germany, and various other European countries. It analyzes evidence of inconsistent or divergent interpretations of certain contentious articles of these Conventions and the experience of litigation under them in other (French and German-speaking) jurisdictions. The book acts as a unique repository of information and offers a detailed examination of both academic commentary and ...
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Overview

This work is a comparative examination of the uniform application of the Brussels and Lugano Conventions by courts in the UK, France, Germany, and various other European countries. It analyzes evidence of inconsistent or divergent interpretations of certain contentious articles of these Conventions and the experience of litigation under them in other (French and German-speaking) jurisdictions. The book acts as a unique repository of information and offers a detailed examination of both academic commentary and case-law from the Convention jurisdictions together with a critical appraisal of the jurisprudence of the European Court of Justice. It thus encompasses, in an accessible English form, the laws of Continental Europe, which would otherwise be out of the reach for lawyers.
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Product Details

  • ISBN-13: 9781841133232
  • Publisher: Hart Publishing UK
  • Publication date: 12/20/2002
  • Pages: 595
  • Product dimensions: 15.60 (w) x 23.40 (h) x 55.00 (d)

Table of Contents

Updates to this work
Table of cases
Table of Abbreviations
Introduction 1
1 Article 5(1) 43
1.1 'In matters relating to a contract' 47
1.2 The 'obligation in question' 70
1.3 The 'place of performance' 119
1.4 Conclusion and the reforms to Article 5(1)'s 'place of performance' Brussels I Regulation and the Hague Worldwide Judgments Convention 159
2 Article 17
2.1 'Internationality' 172
2.2 Article 17 and Bills of Lading 209
2.3 The tension between Article 17 and Article 21 225
2.4 The new version of Article 17(c) 'an agreement ... in international trade or commerce, in a form which accords with a usage of which the parties are, or ought to have been aware ...' 248
2.5 Amendments, if any, by the Brussels I Regulation and the Preliminary Draft Hague Worldwide Judgments Convention 275
3 Article 24
3.1 Jurisdiction of the requested court under Article 24 Brussels/Lugano Conventions 283
3.2 Van Uden Maritime and Hans Herman Mietz clarification of jurisdiction to order 'provisional, including protective measures' under Article 24 of the Brussels and Lugano Conventions 308
3.3 How, if at all, may Van Uden Maritime and Hans Herman Mietz affect English practice, s.25 CJJA 1982 and the grant of Mareva/freezing injunctions? 318
3.4 How, if at all, may Van Uden Maritime and Hans Herman Mietz affect German practice of granting interim relief? 336
3.5 How, if at all, may Van Uden Maritime and Hans Herman Mietz affect the French practice of granting interim relief? 338
3.6 'Provisional, including protective measures' themselves, and the French refere-provision in Article 809(2) NCPC 338
3.7 The refere-provision itself 356
3.8 The Brussels I Regulation and the Hague Conference draft Worldwide Judgments Convention 366
4 Article 27(1), Public Policy
4.1 'Material' and 'Procedural' public policy 376
4.2 Pre- Brussels and Lugano Convention Definitions in the Contracting States 378
4.3 The Community dimension to public policy and the European Court of Justice 393
4.4 Examples of Contracting State case law applying Article 27(1) Brussels Convention 406
4.5 The Brussels I Regulation and the draft Hague Worldwide Judgments Convention 432
5 Article 27(2)
5.1 Introduction 437
5.2 In default of appearance 455
5.3 'The document which instituted the proceedings' 474
5.4 'Due Service' under Article 27(2) 492
5.5 'In sufficient time' 510
Conclusion 519
Bibliography - Books 523
Bibliography List of Articles 543
Index 585
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