About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 J. Priv. Int'l L. 1 (2012)

handle is hein.journals/jrlpil8 and id is 1 raw text is: 1journal of Private International Law REVIEW OF THE BRUSSELS I REGULATION: A COMMENT FROM THE PERSPECTIVES OF NON-MEMBER STATES (THIRD STATES) KOJI TAKAHASHI* A. BACKGROUND A review of the Brussels I Regulation i in progress. At the time of writ- ing, the Commission's legislative proposal is being considered by the Council and the European Parliament. Quite naturall, discussions have centred on the viewpoints of the Member States. However, both the current Regulation and the Commission's proposal have significant implications for non-Member States third States). The present analysis will evaluate the current regime and the pro- posed reform from the perspective of non-Member States, focusing on three issues of particular relevance to the interests or positions of such States. B. RECOGNITION AND ENFORCEMENT OF JUDGMENTS FOUNDED ON EXORBITANT BASES OF JURISDICTION The most unappealing feature of the Regulation from the perspective of non- Member States is the fact that a judgment rendered in a Member State against a defendant not domiciled in any Member State (hereinafter non-EU-domi- ciled defendant) is entitled to recognition and enforcement in other Member States under the Regulation's liberal regime Chapter 1II) which does not permit the review of the jurisdiction of the rendering court' even if the latter court assumed jurisdiction on an exorbitant basis as listed in Annex I. At the jurisdictional stage, the Regulation does not extend the protection against the exorbitant bases of jurisdiction - the protection provided to a defendant domiciled in one or more Member States - to non-E[ -domiciled Professor, Doshislia University Law School, Japa. Council Regulation (EC) No 44/200 1 on juridiction and the recognition and onbrcmnt of judgments in civil and commercial matters ([201 iJ Ll2/1). European Commission, Proposal for a Re gulaion of the European Parliament and of ti Council on jurisdiction and tie recognition and enforcemient of judgments in civil and com- mercial ma i COM\(2010) 748 final/2. See Art3( Art 3(2). Vol. 8 No. 1I 1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most