The recast Judgments Regulation: imminent reform of the rules of jurisdiction and enforcement of foreign judgments in the European Union

untitledIn the latest edition of Butterworths Journal of International Banking and Finanacial Law, Professor Jonathon Harris considers the recast Judgments Regulation.

Key Points

  • –The recast Judgments Regulation provides enhanced protection for exclusive jurisdiction clauses for the courts of EU member states.
  • ––A jurisdiction clause will not be binding if it is held to be “null and void” by the law of the designated state.
  • ––A limited power to stay proceedings in favour of the courts of non-member states is introduced, although it might have gone further.
  • ––The recast Regulation represents something of a lost opportunity to clarify the ambit of the arbitration exception.
  • ––Protection for consumers and employees is extended to claims against defendants domiciled in non-member states.
  • ––The abolition of “exequatur” allows judgments to be enforced without a declaration of enforceability being required.

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