A Brief Note On The International Dispute Resolution

3589 Words Sep 10th, 2014 15 Pages
You are a consultant in International Dispute Resolution. You are asked to prepare a report analysing whether and why it may be necessary to alter Article 31 (Provisional and Protective Measures) of Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and commercial matters.

International Dispute Resolution is currently a hot topic due to the important changes happening by early next year. This report contains an analysis of the current regulations and contrasting it with the updated one to examine its effectiveness.

Article 31 (Provisional and Protective Measures) of Regulation (EC) No 44/2001 has been under much scrutiny by the EU’s legislative institutions with the aim of revising its terms to deal with a number of its more dysfunctional features. It has long been accepted that there is a general public interest for the recognition and enforcement of foreign judgments and as a result the changes that will be addressed by Regulation (EU) 1215/2012 of the European Parliament on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels Regulation (recast)) will being the much desired change and a quicker access to justice than before. This document was finalized and published in the Official Journal of the EU on 20th December 2012.

The structure of the rules remain principally the same, however “recast” addresses four main shortcomings that has been identified and those…
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