First published in 1998, European Business Litigation is a monograph produced as a follow-up step to European Business Law which contains a range of chapters, including a chapter on Business Litigation. Hence, as well as expanding on the issues raised in the chapter, this book provides an insight into the legal and policy problems involved in both the harmonisation process and the substantive EU laws adopted to ameliorate the situation in the field of Private International Law. More specifically, it examines the origin of EU laws in this area, considers the problems with their interpretation and implementation, and addresses the question of whether harmonisation has been achieved.
Table of Contents
1. Introduction. 2. The Brussels Convention on Jurisdiction and Enforcement of Judgments 1968: Preliminary Issues. 3. The Brussels Convention: Bases of Jurisdiction. 4. Special Jurisdiction in Matters Relating to Contract Under Article 5(1) of the Brussels Convention. 5. Special Jurisdiction for Tort Under Article 5(3) of the Brussels Convention: a Process of Europeanisation. 6. Protective Jurisdiction Under the Brussels Convention. 7. Prorogation of Jurisdiction and Lis Pendens. 8. The Brussels Convention: Forum Non Conveniens and Negative Declarations. 9. The Rome Convention 1980: Background and General Principles. 10. The Applicable Law Under the Rome Convention 1980. 11. Special Contracts: Protected Consumer and Employment Contracts Under the Rome Convention. 12. Choice of Law in Tort. 13. Recognition and Enforcement of Foreign Judgments at Common Law. 14. Recognition and Enforcement of Judgements Under the Brussels Convention. 15. Conclusions: The European Experience.