The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS

For international lawyers, the European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters are of great practical importance. Since March 2002, these rules have been laid down in an EU Regulation (44/2001) which essentially replaced the 1968 Brussels Convention. The preliminary considerations to the Regulation imply that the decisions in which the Court of Justice of the EC has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Hence, in order to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court’s case law regarding the Brussels Convention is imperative. The present study is based on an analysis of more than one hundred decisions that the Court has delivered under the Brussels Convention. It appears that the significance of the Court’s case law lies not only in the final outcome of these decisions, but also in the principles that the Court consistently refers to in arriving at its decisions. The authors piece together the system of principles that has become apparent in the Court’s reasoning. An understanding of this system not only sheds light on how and why the Court has reached its past decisions, but it also enables lawyers to understand the confines within which the Court’s argumentation is likely to take place in future cases under the Regulation. A publication which focuses on the principles used by the Court to justify its decisions in this particular area of law, has been lacking. This book aims to fill that gap. Its value extends beyond the academic realm and into the field of legal practice.

This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.

On March 1, 2003, the Brussels I-Council Regulation (EC) No 44/2001 of 22nd December 2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Judgment Regulation) became the cornerstone of European civil procedural law. The Regulation is directly applicable in all Member States and forms the residual instrument in cross-border civil procedures in the European Union. This report provides a comprehensive analysis of the application of the Regulation in the Member States, based on interviews, statistics, and practical research in the files of the national courts. The report concludes that the Regulation does not require fundamental amendment, but that several improvements should be considered, especially with regard to the general function of the Regulation as the residual instrument of European procedural law.