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Forum Shopping in the European Judicial Area
Hardcover
Series: Studies of the Oxford Institute of European and Comparative, Book 7
ISBN13: 9781841137834
Publisher: Bloomsbury Publishing PLC
Published: Dec 14 2007
Pages: 248
Weight: 1.25
Height: 0.90 Width: 6.40 Depth: 9.20
Language: English
One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction?
The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
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