Description
Book SynopsisThe Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries.
Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.
This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.
Contributors include: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler
Trade Review'Professor Mankowski, at the head of a select group of jurists from different European countries, has chosen to analyse some of the most important issues of the Brussels Ibis Regulation frequently discussed in court. If you are looking for a clear, accurate and rigorous legal analysis, this is the right book for you.' --Alfonso-Luis Calvo Caravaca, Carlos III University of Madrid, Spain
'This timely book makes a major contribution to EU private international law by exploring and analysing 15 highly topical and emerging areas of international civil and commercial practice: it draws together arguments, presently scattered across the specialist literature of many legal systems, to illuminate each area by such excellent and clear expert comment that its purchase is plainly essential. Courts, practitioners and academics will all soon have reason to be grateful for its publication.'
--Jonathan Fitchen, University of Aberdeen, UK
Table of ContentsContents: Editor’s introduction to the Research Handbook on the Brussels Ibis Regulation viii Peter Mankowski 1 Cross-border dimension of collective proceedings in the Brussels Ibis regime: jurisdiction, lis pendens and related actions 1 T.M.C. Arons 2 Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation 40 Sylvain Bollée and Étienne Farnoux 3 Negotiorum gestio and the Brussels Ibis Regulation 64 Tim W. Dornis 4 The substantive validity of forum selection agreements under the Brussels Ibis Regulation 95 Pietro Franzina 5 Injunctive relief under the Brussels Ibis Regulation 118 Thomas Garber 6 Intellectual property and the Brussels Ibis Regulation 147 Christian Heinze and Cara Warmuth 7 Collective labour law in the Brussels Ibis Regulation 172 Aukje van Hoek 8 The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) 188 Antonio Leandro 9 The rise and fall of a defining criterion? The targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation 207 Leander D. Loacker 10 The impact of the Brussels Ibis Regulation on the ‘second generation’ of European procedural law 230 Peter Mankowski 11 Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation 250 Fabrizio Marongiu Buonaiuti 12 The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law 285 Johan Meeusen 13 Culpa in contrahendo and the Brussels Ibis Regulation 311 Dário Moura Vicente 14 Article 55 Brussels Ibis Regulation, enforcement by penalty and the ‘astreinte’ 329 Guillaume Payan 15 Overriding mandatory provisions and choice of court agreements 346 Matteo M. Winkler Index 360
