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The contributions in this book cover a wide range of topics within
modern disputeresolution, which can be summarised as follows:
harmonisation, enforcement andalternative dispute resolution. In
particular, it looks into the impact of harmonisedEU law on
national rules of civil procedure and addresses the lack of
harmonisationin the US regarding the recognition and enforcement of
foreign judgments. Furthermore,the law on enforcement is examined,
not only by focusing on US law, but also onhow to attach assets in
order to enforce a judgment. Finally, it addresses certain typesof
alternative dispute resolution. In addition, the book looks into
the systems andcultures of dispute resolution in several regions of
the world, such as the EU, the US andChina, that have a high impact
on globalisation. Hence, the book is diverse in the senseof dealing
with multiple issues in the field of modern dispute resolution. The
book offers explorations of the impact of international rules and
EU law on domesticcivil procedure, through case studies from, among
others, the US, China, Belgium andthe Netherlands. The relevance of
EU law for the national debate and its impact on theregulation of
civil procedure is also considered. Furthermore, several
contributions discussthe necessity and possibility of harmonisation
in the emergency arbitrator mechanisms inthe EU. The harmonisation
of private international law rules within the EU, particularlythose
of a procedural nature, is juxtaposed to the lack thereof in the
US. Also, the bookoffers an overview of the current dispute
settlement mechanisms in China. The publication is primarily meant
for legal academics in private international law andcivil
procedure. It will also prove useful to practitioners regularly
engaged in cross-borderdispute resolution and will be of added
value to advanced students, as well as to those withan interest in
international litigation and more generally in the area of dispute
resolution. Vesna Lazic is Senior Researcher at the T.M.C. Asser
Institute, Associate Professor ofPrivate Law at Utrecht University
and Professor of European Civil Procedure at theUniversity of
Rijeka. Steven Stuij is an expert in Private International Law and
a PhD Candidate/GuestResearcher at the Erasmus School of Law,
Rotterdam. Ton Jongbloed is Guest Editor on this volume.
This book focuses on major amendments introduced in the Brussels I
regulatory framework. The contributions scrutenise the changes
introduced in the Brussels Ibis Regulation, a legal instrument that
presents a core of the unification of private international law
rules on the European Union level. It is one of the first
publications addressing all the changes in the Brussels I
regulatory scheme, which takes into consideration relevant CJEU
case law up to July 2016. The texts, written by legal scholars who
have published extensively in the field of private international
law and international civil procedure, will add to the development
of EU private international law. In addition, the authors' critical
analysis may open further discussions on the topic and so benefit a
consistent and harmonised application of the Regulation. In this
respect the book takes a different approach than the commentaries
which have so far been published. It is primarily meant for legal
academics in private international law and practitioners who are
regularly engaged in cross-border civil proceedings. It may also be
of added value to advanced students and to those with a particular
interest in the subject of international litigation and more
generally in the area of dispute resolution. Vesna Lazic is a
Senior Researcher at the T.M.C. Asser Instituut, an Associate
Professor of Private Law at Utrecht University and Professor of
European Civil Procedure at the University of Rijeka. Steven Stuij
is an expert in Private International Law and an external Ph.D.
candidate at Erasmus School of Law, Rotterdam.
This book comprises contributions relating to the Insolvency
Regulation Recast,which recently entered into force. The authors
analyse the changes introduced andgive their views on the
improvements that are thereby achieved. In other words, theyassess
to what extent the amendments have mitigated the disadvantages of
the previousInsolvency Regulation. Three of the chapters
concentrate on the issues pertaining to jurisdiction, such asthe
problem of forum shopping by re-locating the debtor's centre of
main interests.Furthermore, the extent to which the parties have
the freedom to contract withinthe framework of the Insolvency
Regulation Recast is discussed. Also, the relevanceand consequences
of recent developments in corporate law for the current
crossborderinsolvency framework, as well as the jurisdictional
issues concerning approvalrequirements are amongst the matters
addressed. Aside from the jurisdictional matters,the question of
the law applicable to so-called 'avoidance actions' is analysed and
crossbordercooperation between national authorities in the field of
insolvency is touchedupon. To conclude, this book covers a range of
specific and intriguing topics broughtup by the Insolvency
Regulations Recast. This third volume in the Short Studies in
Private International Law Series is primarilyaimed at legal
academics dealing with cross-border insolvency, but it will also
proveuseful to insolvency judges and practitioners, as well as
those specialised in financialand fiscal law. Finally, advanced
students as well as those with a general interest ininsolvency law
will also find it of added value. Vesna Lazic is Senior Researcher
at the T.M.C. Asser Institute and Associate Professorof Private Law
at Utrecht University in The Netherlands. Steven Stuij is an expert
inprivate international law and PhD Candidate at the Erasmus School
of Law, Rotterdam.
This book comprises contributions relating to the Insolvency
Regulation Recast,which recently entered into force. The authors
analyse the changes introduced andgive their views on the
improvements that are thereby achieved. In other words, theyassess
to what extent the amendments have mitigated the disadvantages of
the previousInsolvency Regulation. Three of the chapters
concentrate on the issues pertaining to jurisdiction, such asthe
problem of forum shopping by re-locating the debtor's centre of
main interests.Furthermore, the extent to which the parties have
the freedom to contract withinthe framework of the Insolvency
Regulation Recast is discussed. Also, the relevanceand consequences
of recent developments in corporate law for the current
crossborderinsolvency framework, as well as the jurisdictional
issues concerning approvalrequirements are amongst the matters
addressed. Aside from the jurisdictional matters,the question of
the law applicable to so-called 'avoidance actions' is analysed and
crossbordercooperation between national authorities in the field of
insolvency is touchedupon. To conclude, this book covers a range of
specific and intriguing topics broughtup by the Insolvency
Regulations Recast. This third volume in the Short Studies in
Private International Law Series is primarilyaimed at legal
academics dealing with cross-border insolvency, but it will also
proveuseful to insolvency judges and practitioners, as well as
those specialised in financialand fiscal law. Finally, advanced
students as well as those with a general interest ininsolvency law
will also find it of added value. Vesna Lazic is Senior Researcher
at the T.M.C. Asser Institute and Associate Professorof Private Law
at Utrecht University in The Netherlands. Steven Stuij is an expert
inprivate international law and PhD Candidate at the Erasmus School
of Law, Rotterdam.
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