196,131 research outputs found
The relationship between litigation and ADR: Evaluating the effect of the EU PIL framework on ADR/settlements in cross-border cases
No full textThis is the author accepted manuscript. The final version is available from Hart Publishing via the link in this record
Data Analysis: Important Issues to be Considered in a Cross-border Context
No full textThis is the author accepted manuscript. The final version is available from Hart Publishing via the link in this record
Effective remedies in cross-border civil and commercial law disputes: a case for an institutional reform at EU level
No full textThis is the author accepted manuscript. The final version is available from Hart Publishing via the link in this record
Introduction: Research Aims and Methodology
No full textThis is the author accepted manuscript. The final version is available from Hart Publishing via the link in this record
Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges
No full textThis is the author accepted manuscript. The final version is available from Hart Publishing via the link in this record
Great Britain report
No full textThis is the author accepted manuscript. The final version is available from Hart Publishing via the link in this record.This chapter is an analysis of some of the issues that can be learned from the British case law on the EU private international law (PIL) instruments covered by the EUPILLAR project (Brussels I and IIa, Rome I and II, and Maintenance Regulations) and of the findings from the qualitative interviews conducted in relation to the operation of those instruments in the two legal systems comprising Great Britain. The study is not comprehensive on the UK due to not taking account of the operation of the EUPILLAR instruments in Northern Ireland
Cross-Border Litigation: New Data, Initial Brexit Implications in England and Wales and Long-Term Policy Choices
No full textThis is the final version. Available from de Gruyter via the DOI in this record.The relevant data is deposited with the UK Data Archive -M. Danov, ‘Data Collection -Cross-border litigation in England and Wales: Initial Brexit implications 2016-2018’ Colchester, Essex: UK Data Servicehttp://doi.org/10.5255/UKDA-SN-853743.The UK decision to leave the European Union could directly (or indirectly) impact on
the legal landscape in relation to private international law (‘PIL’) in the UK. Any fresh legal
uncertainty driven by such a change in the PIL framework could have significant impact on
private parties’ access to remedies which might adversely affect the attractiveness of the English
courts. This article offers, on the basis of recent data which was gathered as part of a pilot study
in the period from May to September 2018, an initial evaluation of the Brexit impact on litigants’
access to legal remedies in cross-border case before the English courts. It shows that a decision
on the long-term policy-options for judicial cooperation in cross-border cases is a complex one
requiring some wider economic interests to be factored in and appropriate policy choices to be
made. The pilot study identifies some important issues which might potentially be impacting on
the parties’ strategies, inflating the litigation costs and requiring attention by the UK policymakers.Arts and Humanities Research Council (AHRC
Cross-border litigation: Evaluating the Brexit impact – a socio-legal model for data analysis
No full textThis is the final version. Available on open access from SAGE Publications via the DOI in this recordData availability: The relevant
data is deposited with the UK Data Archive - M. Danov, ‘Data Collection - Cross-border litigation in England and
Wales: Initial Brexit implications 2016-2018’ Colchester, Essex: UK Data Service 10.5255/UKDA-SN-853743.The data associated with this article is available via the UK Data Service at http://doi.org/10.5255/UKDA-SN-853743The UK decision to leave the European Union could directly impact on the application
of the EU private international law (‘PIL’) instruments in the UK. Any fresh legal uncertainty
driven by such a change in the legal landscape in relation to PIL could have significant impact
on private parties’ access to remedies. This article proposes a socio-legal model for measuring
the Brexit impact on litigants’ access to legal remedies. In order to systematically identify the
important issues (which need to be considered by policy-makers as priority in this context), the
proposed theoretical model is developed around the litigants’ strategies. The advanced model
has two major features. First, it is set to analyse the triangular relationship between: 1)
jurisdiction (procedural rules); 2) choice of law (applicable substantive laws); 3) outcome of a
cross-border case. Secondly, the relevant claimants’ and defendants’ strategies in cross-border
cases are thoroughly considered by taking a game theoretic perspective.Arts and Humanities Research Council (AHRC
The EU Civil Justice Framework and Private Law: ‘Integration through [Private International] Law
No full textThe diverse nature of substantive private law systems across Europe has amplified the development of an EU Civil Justice system based on harmonised EU private international law (PIL) mechanisms. However, the process of European integration and the free movement of people, goods, capital and services in an enlarged and diverse Union poses the question whether the current framework allows litigants to obtain an effective remedy in cross-border cases. The authors argue that the problems of jurisdiction, choice of law and recognition and enforcement of judgments will be recurrent for courts and litigants, and this may adversely affect the level of litigiousness. After analysing several types of cross-border cases brought before the English courts in the European context, the authors make a case that there is a need for an appropriately conducted comparative study to collect empirical evidence which explains the cross-border litigation pattern and assesses the effectiveness of the PIL instruments adopted at Union level. It is concluded that devising an appropriate institutional architecture for the interpretation and application of PIL legislative instruments is key to the creation of a genuine European area of justice as there cannot be rights without appropriate remedies
The recognition and enforcement in the EU of foreign judgments in antitrust matters : the case of US and Dutch judgments and settlements rendered upon class actions
No full textThe article examines the conditions and proceedings for the recognition and enforcement judgments and settlements rendered upon class actions for the recovery of damages arising out of the violation of competition law in the US and in the Netherlands. The relevant provisions of the Regulation No 44/2001 are analysed, in particular with regard to the possible contrast with procedural public policy and rights of the defense
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