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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

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