Brussels 2012 Regulation Quiz

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Questions and Answers

What does the CJEU consider antisuit injunctions to be?

Interference with foreign court jurisdiction (correct)

An acceptable practice in Member States

A form of abuse of process

A necessary legal remedy

The CJEU allows courts in Member States to grant antisuit injunctions against proceedings in other Member States.

False

What is the significance of the Brussels 2012 regulation in terms of proceedings in non-EU states?

It allows a court in an EU State to stay an action when a prior action is pending in a non-EU or Lugano State.

The key argument made by the CJEU is that each court in the EU should decide its own _____ under the Brussels 2012.

jurisdiction Signup and view all the answers

Match the following articles from Brussels 2012 with their descriptions:

Article 33 = Same claim brought between the same parties in two different countries Article 34 = Related claims involved Article 35 = Court may stay proceedings Article 36 = No obligation to grant a stay Signup and view all the answers

Under what condition can a non-EU domiciled Defendant be sued in a Member State Court according to Scenario no 1?

The Defendant is an employer whose employee habitually works in a Member State. Signup and view all the answers

The Recast Regulation allows for arbitration proceedings to be included in its scope.

False Signup and view all the answers

Which of the following statements is true regarding the Hague Choice of Court Convention and the Brussels I Recast Regulation?

The Hague Convention will give way to the Brussels I when all parties are EU residents. Signup and view all the answers

The court chosen in Dublin is relevant for the Hague Choice of Court Convention.

True Signup and view all the answers

What article number governs jurisdiction agreements in the Recast Regulation?

Article 25 Signup and view all the answers

What will the court of Barcelona do in relation to the choice of court agreement?

Stay the proceeding and wait for the judgement from Ireland. Signup and view all the answers

A non-EU Defendant can be sued in a Member State Court if they have been granted __________ jurisdiction under a jurisdiction agreement.

exclusive Signup and view all the answers

Match the following scenarios with their descriptions regarding non-EU domiciled Defendants.

Scenario 1 = An employer whose employee works in the EU. Scenario 2 = Defendant granted exclusive jurisdiction under a jurisdiction agreement. Old Regulation = Gave effect to jurisdiction agreements with at least one EU domiciled party. Recast Regulation = Expanded circumstances for non-EU Defendants to be sued. Signup and view all the answers

The final authority for the interpretation of the Brussels I Recast Regulation is the _____ court.

CJEU Signup and view all the answers

What was a primary aim of the changes made in the Recast Regulation?

To enhance consumer and employee protections. Signup and view all the answers

Match the following conventions with their characteristics:

Brussels I Recast Regulation = Applicable to EU member states Hague Convention = Regulates choice of court agreements internationally Lugano Convention = Allows for jurisdictional agreements involving EEA countries Brussels I Regulation = Predecessor of the Brussels I Recast Regulation Signup and view all the answers

In which situation does the Brussels I regulation take precedence over the Hague Convention?

When parties from the EU are involved and all reside in the EU. Signup and view all the answers

The numbering of articles in the Old Regulation remains the same in the Recast Regulation.

False Signup and view all the answers

The Hague Choice of Court Convention applies if the court chosen is located in a country that is not a contracting state.

False Signup and view all the answers

What must be established for the exclusive jurisdiction clause to be considered valid under the Recast Regulation?

The law of the Member State Court. Signup and view all the answers

What is the significance of Article 26(6) of the Hague Choice of Court Convention?

It explains the relationship between the Hague Convention and the Brussels I Regulation. Signup and view all the answers

Under the Brussels and Lugano rules, what is required for the lis pendens rule to apply?

The claims must involve the same cause of action Signup and view all the answers

According to the CJEU, actions are regarded as the same only if the claims are identical.

False Signup and view all the answers

What does the term 'object' refer to in the context of claims made in court?

What the claimant hopes to get from the court Signup and view all the answers

The article that deals with related actions in the Brussels Convention is Article _____ (insert number).

30 Signup and view all the answers

Match the articles with their descriptions:

Article 30(1) = Conditions for staying proceedings when related actions are pending Article 30(3) = Criteria for determining if actions are closely connected Signup and view all the answers

What judgement consequence is outlined by the CJEU regarding rescission claims?

They may not be recognized if previously rescinded by another court Signup and view all the answers

Article 30(1) states that actions are not required to have the same parties.

True Signup and view all the answers

Actions are deemed to be related under Article 30(1) if they are so closely _____ that it is expedient to hear them together.

connected Signup and view all the answers

Which of the following courts have exclusive jurisdiction over rights in rem in immovable property?

The courts of the Member State in which the property is situated Signup and view all the answers

A court of a Member State has exclusive jurisdiction in specific cases, regardless of the domicile of the parties.

True Signup and view all the answers

What is meant by general jurisdiction in the context of courts of a Member State?

Jurisdiction based on the domicile of the defendant, allowing them to be sued in the courts of that Member State, regardless of the nature of the claim. Signup and view all the answers

The courts of the Member State where a judgment is to be ___ have exclusive jurisdiction over its enforcement.

enforced Signup and view all the answers

An exclusive choice of court agreement can be overridden in which of the following situations?

When another court has exclusive jurisdiction by virtue of Article 24 Signup and view all the answers

Judgments enforced by courts are typically based on the preferences of private parties over member state interests.

False Signup and view all the answers

What is the effect of a party entering an appearance in court in terms of jurisdiction?

The court shall have jurisdiction over the case, unless the appearance was made to contest jurisdiction or another court has exclusive jurisdiction. Signup and view all the answers

Match the following terms with their descriptions:

Exclusive jurisdiction = Jurisdiction that cannot be waived and applies to specific cases such as immovable property General jurisdiction = Jurisdiction based on the domicile of the defendant Exclusive choice of court agreement = An agreement that can confer jurisdiction, but can be waived by the parties Special jurisdiction = Jurisdiction that applies in exceptions and specific cases Signup and view all the answers

What is the purpose of the exequatur proceeding?

To allow foreign judgments to enter the legal system of another State Signup and view all the answers

A party can enforce a judgment from Member State A in State B without any court involvement.

False Signup and view all the answers

What must be applied before a US judgment can be recognized in Italy?

Exequatur proceeding Signup and view all the answers

The doctrine that prevents a person from relitigating an issue is known as _________.

collateral estoppel Signup and view all the answers

Which of the following countries have signed but not ratified the Hague judgement 2019?

Uruguay and Ukraine Signup and view all the answers

Italy required proceedings to recognize foreign judgments before joining the Brussels convention.

True Signup and view all the answers

What is the general rule of the Brussels convention 2012 regarding judgments?

Automatic recognition Signup and view all the answers

Study Notes

International Litigation

International litigation involves disputes with cross-border elements.
Parties should develop their own checklists to identify international aspects of a case.
Plaintiffs should consider:
- Dispute nature (or lack thereof), forum, choice of law, enforcement clauses in documents
- Potential litigation/arbitration venues
- Document and witness locations
- Enforcement timeline/speed of the docket (domestic and international)
- Res judicata and estoppel impacts
- Asset locations
- Enforceability of judgments
Defendants should consider:
- Existence of forum/choice of law/enforcement clauses in relevant documents
- Potential venues/multiple venues
- Potential damages exposure
- Witness and document locations
- Language needs/interpreter requirements
- Accessibility of witnesses
- Foreign venue advantages/disadvantages (e.g., damages, discovery)
- Forum non conveniens, antisuit injunctions
- Cost factors (international litigation is often more expensive)

Cross-Border Disputes

Transnational litigation, arbitration, and dispute resolution encompass various institutional settings (national courts to international tribunals).
Key aspects include choice of law, enforcement of judgments, cross-border evidentiary issues, and investment arbitration.

Week 2 - Third-Party Funding

Litigation finance (third-party funding) involves investment in lawsuits by entities with no stake in the case.
Investors receive a portion of proceeds (settlement/judgment).
Funders (often banks, hedge funds, insurance) aim for profit.
Funders evaluate cases for potential return
Funding involves significant costs for the claimant (e.g., a percentage of awarded damages) and potentially relinquishes some autonomy in the litigation process.
Funders play a role in bringing certain claims by individuals and small businesses that otherwise can't afford them

Studying That Suits You

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Test your knowledge on the Brussels 2012 Regulation and its implications regarding antisuit injunctions and jurisdiction agreements. This quiz covers key concepts, articles, and the relationship between EU Member States and non-EU jurisdictions. Explore how the CJEU interprets these legal frameworks.

Brussels 2012 Regulation Quiz

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Podcast

Questions and Answers

What does the CJEU consider antisuit injunctions to be?

The CJEU allows courts in Member States to grant antisuit injunctions against proceedings in other Member States.

What is the significance of the Brussels 2012 regulation in terms of proceedings in non-EU states?

The key argument made by the CJEU is that each court in the EU should decide its own _____ under the Brussels 2012.

Match the following articles from Brussels 2012 with their descriptions:

Under what condition can a non-EU domiciled Defendant be sued in a Member State Court according to Scenario no 1?

The Recast Regulation allows for arbitration proceedings to be included in its scope.

Which of the following statements is true regarding the Hague Choice of Court Convention and the Brussels I Recast Regulation?

The court chosen in Dublin is relevant for the Hague Choice of Court Convention.

What article number governs jurisdiction agreements in the Recast Regulation?

What will the court of Barcelona do in relation to the choice of court agreement?

A non-EU Defendant can be sued in a Member State Court if they have been granted __________ jurisdiction under a jurisdiction agreement.

Match the following scenarios with their descriptions regarding non-EU domiciled Defendants.

The final authority for the interpretation of the Brussels I Recast Regulation is the _____ court.

What was a primary aim of the changes made in the Recast Regulation?

Match the following conventions with their characteristics:

In which situation does the Brussels I regulation take precedence over the Hague Convention?

The numbering of articles in the Old Regulation remains the same in the Recast Regulation.

The Hague Choice of Court Convention applies if the court chosen is located in a country that is not a contracting state.

What must be established for the exclusive jurisdiction clause to be considered valid under the Recast Regulation?

What is the significance of Article 26(6) of the Hague Choice of Court Convention?

Under the Brussels and Lugano rules, what is required for the lis pendens rule to apply?

According to the CJEU, actions are regarded as the same only if the claims are identical.

What does the term 'object' refer to in the context of claims made in court?

The article that deals with related actions in the Brussels Convention is Article _____ (insert number).

Match the articles with their descriptions:

What judgement consequence is outlined by the CJEU regarding rescission claims?

Article 30(1) states that actions are not required to have the same parties.

Actions are deemed to be related under Article 30(1) if they are so closely _____ that it is expedient to hear them together.

Which of the following courts have exclusive jurisdiction over rights in rem in immovable property?

A court of a Member State has exclusive jurisdiction in specific cases, regardless of the domicile of the parties.

What is meant by general jurisdiction in the context of courts of a Member State?

The courts of the Member State where a judgment is to be ___ have exclusive jurisdiction over its enforcement.

An exclusive choice of court agreement can be overridden in which of the following situations?

Judgments enforced by courts are typically based on the preferences of private parties over member state interests.

What is the effect of a party entering an appearance in court in terms of jurisdiction?

Match the following terms with their descriptions:

What is the purpose of the exequatur proceeding?

A party can enforce a judgment from Member State A in State B without any court involvement.

What must be applied before a US judgment can be recognized in Italy?

The doctrine that prevents a person from relitigating an issue is known as _________.

Which of the following countries have signed but not ratified the Hague judgement 2019?

Italy required proceedings to recognize foreign judgments before joining the Brussels convention.

What is the general rule of the Brussels convention 2012 regarding judgments?

Study Notes

International Litigation

Cross-Border Disputes

Week 2 - Third-Party Funding

Studying That Suits You

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