Non.EU States and Brussels I: New rules and some solutions for Old Problems
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Sergio M. Carbone [1] ; Chiara E. Tuo [1]
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[1] Università di Genova
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- Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 51, Nº. 1, 2015, págs. 5-30
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
- Dialnet Métricas: 2 Citas
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Resumen
The central purpose of this article is to critically assess the changes brought about by the new Brussels I Regulation as regards its scope al application vis-a-vis disputes connected with non-EU countries. Therefore, following an initial outline of the relevant amendments in the Recast, a critical evaluation of the latter against the background of both the ECJ case-law and national practice is presented. The reform is then assessed in the context of the original 2010 recast proposal presented by the EU Commission as well as of the views expressed in literature in relation thereto. The paper maintains that the Recast regime should undergo further revision with a view to implementing cross-border business transactions in the global economy and to satisfying the concomitant demand for greater certainty in international commercial litigation.
