The Brussels Regulation (Regulation (EC) 44/2001) has governed questions of jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the EU for over a decade. From 10 January 2015, it will be repealed and replaced by Regulation (EU) 1215/2012 (the "Recast Regulation").
The Recast Regulation will be applied by Member State courts from 10 January 2015 to all new legal proceedings. While much of the wording of Council Regulation (EC) 44/2001 (the "Former Regulation") remains the same, there are key changes in four areas:
- Streamlining the process for enforcing Member State judgments in other Member States;
- Addressing abusive litigation tactics and strengthening contractual choice of court agreements;
- Extending the reach of the Brussels Regulation to jurisdiction clauses where neither party is domiciled in the EU; and
- Enhancing the protection of arbitration agreements.
These changes will have a significant effect on the practicalities of cross-border litigation and international arbitration.
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