Paper Topic:

International Dispute Resolution

br International Dispute Resolution

Economic globalization as challenged the concept of territorial connections to law . Previously , law was linked to individual territories . Economic expansion and e-commerce have increased the potential for competing territories to have jurisdiction over a single international commercial dispute . With the increasing number of territories having concurrent jurisdiction over a single dispute , forum shopping becomes a serious concern . The implementation of EC Regulation 44 /2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters provides a method for reducing the potential for

conflicts between concurrent jurisdictions and the incidents of forum shopping . EC Regulation 44 /2001 emphasizes judicial cooperation

Ultimately , EC Regulation 44 /2001 replaced Brussels Convention of 1968 which governed the jurisdiction and recognition and enforcement of judgments in civil and commercial matters arising between contracting states within the EC . In 1988 , the Lugano Convention (amended in 2007 expanded the territories of the Brussels Convention by dealing with jurisdiction , enforcement and recognition between EC contracting states and EFTA states . Persistent calls for revision of the Brussels and Lugano Conventions resulted in EC Regulation 44 /2001

The primary purpose of EC Regulation 44 /2001 is for the recognition and enforcement of within the wider European Union (EU . One of the main ways of achieving this objective is for the consistency and predictability of the rules applicable to jurisdiction . To this end the main jurisdictional basis of EC Regulation 44 /2001 is found in Article 2 (1 ) which dictates that except as provided for...

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