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Student ID Number: G20618148 Seminar Tutor: A.Ferguson

Module Title: Private International Business Law Programme Title: LLM International Business
Module Code: LA4926 Year of Study: 2

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G20618148

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Critically assess the effectiveness of the Council Regulation (EC) No 44/2001 of 22 December

2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial

matters (the Brussels I Regulation).

The first part of the assignment will include an introduction consisting partly on a brief

description of the first established Brussel I Regulations and amendments brought in the Civil

Jurisdiction Order in 2001. In addition, the main objectives of the Council Regulation (EC) No

44/2001 will be discussed. The link between the Council Regulation (EC) No 44/2001 and

Private International Law in EU with issues pertaining to the recognition and enforcement of

judgment in civil and commercial matters will be stated accordingly. The scope with reference

to Article 1 of the regulations will be mentioned along with the matters such as revenue and

customs will be elaborated upon. This part will also include the underlying principle of the

regulation with reference to the case of Erich Gasser GmbH v MISAT Srl, Case C-116/02- the

doctrine of mutual trust.

Following the introduction, the body will firstly elaborate on the rules of the jurisdiction

established by the regulation. Article 2 of the regulation states the general provisions (case of

Group Josi Reinsurance Company SA v Universal General Insurance Company) while Article 5

will be referred to for special jurisdiction in varying field, for instance contracts; issues relating

to tort. The special jurisdictions will comprise summary of the Articles 8-31of the Regulation

which deal with consumer contracts, insurance, exclusive jurisdiction. The case of Kronhofer v.

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Maier will be cited to show to which extent special jurisdiction can be interpreted as per the

regulation.

The concept of ‘domicile’ being an important rule as per the regulation will be emphasised upon.

Article 59 of the regulation provides that in order to determine whether a party is domiciled in

the Member State whose courts are seized of a matter, the court is to apply its internal laws.

Article 2(1) of the regulation set out the basis of the domicile concept-a person domiciled in a

Member State although having any nationality, can be sued in the courts of that state- Canada

Trust Co. v Stolzenberg (2002) 1 AC 1. In situation where there are number of defendants how

‘domicile’ as per Article 6 of the regulation is determined.

Another important rule would be the ‘forum non conveniens’, that is the court has the

discretionary power to decline exercise its jurisdiction in the event that another court is more

convenient to hear the case. Article 2 of the regulation elaborates on this as seen in the case of

Owusu v. Jackson, Case C-281/02. The Lis Pendens rule is another important principle under

the Regulation:Article 27(1). Cases: Case C-116/02 Gasser 9/12/00; Case C-111/01 Gantner

Electronic will be discussed.

The third part will consist of the main problems with the Regulation. Exequatur is one of these

loopholes. A brief definition of the ‘exequatur’ will be given. How, with the abolition of

exequatur, thus leading to reduction litigations costs and legal procedures. In addition this will

help to the enforcement of judgment within EU will be facilitated. In cases where the defendants

are domiciled outside the Union, there is a lack of common EU framework with respect to the

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jurisdiction and enforcement of the judgment outside EU thus leading to an unequal treatment.

Arbitration is another important aspect which is not covered by the Regulation. There is a need

to include ‘arbitration’ to provide necessary support to solve dispute through arbitration (for

Member States). Another issue is that as per Article 15 of the Regulation, it is difficult to

determine whether contracts which are concluded online by consumers can seek redress in the

event of litigation.

The fourth part will be where I shall conclude by mentioning about the forthcoming revised

(effective next year) version of the Regulation.

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Reading List

 Data Collection and Impact Analysis – Certain Aspects of a Possible Revision of Council

 Regulation No. 44/2001 on Jurisdiction and the Recognition and Enforcement of

Judgments in Civil and Commercial Matters (‘Brussels I’) : 17 December 2010

 The London Disputes Newsletter: Latham & Watkins, October 2012

 EU Regulation 44/2001 and its Implications for the International Maritime Liability

Convention: Henrik Ringbom

 Green Paper on the Review of Council Regulation (EC) No 44/2001 on Jurisdiction and

the Recognition and Enforcement of Judgment in Civil and Commercial Matters.

 The Conflict of Law: David Mcclean and Kisch Beevers

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