Extraterritorial Jurisdiction within the European Union: The Brussels Regulation - Chapter 2.2 - Transnational Litigation and Commercial Arbitration - 3rd Edition
Joseph Lookofsky is Professor of Private and Commercial Law at the University of Copenhagen. He received his B.A. in Economics from Lehigh University, his J.D. from the New York University School of Law, and was admitted to the New York State Bar in 1971. He received his Danish law degrees (cand.jur. and dr.jur.) from the University of Copenhagen and joined the Law Faculty there in 1982. Professor Lookofsky has lectured on the CISG and other international commercial law topics for the Danish Bar Association (Advokatsamfund), the Duke University Law School in North Carolina, the University of Bologna (Facoltá di Giurisprudenza), the Albert-Ludwigs-Universität Freiburg (Institut für Ausländisches und Internationales Priv atrecht), and the Cornell-Paris I (Sorbonne) Summer Institute of International & Comparative Law. He is also Secretary General of the Danish Committee for Comparative Law (Association Internationale des Sciences Juridiques.
Ketilbjorn Hertz is Senior Consultant with the Danish Ministry of Justice, which he joined in 1997, and in that capacity he has participated in the drafting of important legislation, including the Bill, which led to the adoption of the Danish Arbitration Act 2005 He received degrees from the University of Copenhagen, B.A. in law in 1991, cand.jur. in 1993, B.A. in French in 1998, and Ph.D. in law in 1998.
2.2.1. Regulation Overview
The Treaty of Rome provided the basic organizational scheme for the economic integration of the European Community,1 but it did not itself provide a mechanism for the judicial resolution of private transborder Community claims or for the mutual recognition and enforcement of judgments of the various courts of the Member States. According to Article 2202 of the Treaty, however, the Member States undertook to simplify the formalities governing the recognition and enforcement of court judgments and arbitral awards. This commitment was ultimately realized by the Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 1968 which entered into force in 1973. The original Convention text was modified on certain points by the Conventions of 1978, 1982, 1989 and 1996 on the accession of new Member States.3 As its name suggests, the scope of the Brussels Convention extended well beyond the commitment laid down in the Treaty of Rome: not just to recognition and enforcement, but to jurisdiction as well.
2.2 Extraterritorial Jurisdiction within the European Union: The Brussels Regulation2.2.1 Regulation Overview 2.2.2 Jurisdiction in Contract Cases A. Place of Performance Tessili v Dunlop (1976) Notes, Questions & Commentary A. de Bloos v Bouyer (1976) Notes, Questions & Commentary Shenavai v Kreischer (1987) Notes, Questions & Commentary B. Jurisdictional Clauses: an Introduction to Article 23 Salotti v RÜWA (1976) Notes, Questions & Commentary Zelger v Salinitry (No. 1) (1980) Notes, Questions & Commentary C. Ancillary Jurisdiction and the Lis Pendens Problem D. Jurisdiction with respect to Consumer Contracts 2.2.3 Jurisdiction in Tort Bier v Mines de Potasse (1976) Notes, Questions & Commentary Arcado v Haviland (1987) Notes, Questions & Commentary Réunion Européenne v Spliethoff’s (1998) Notes, Questions & Commentary 2.2.4 Doing Business Abroad: an Introduction to Article 5(5) A. de Bloos v Bouyer (1976) Notes & Commentary Schotte v Parfums Rothschild (1987) Notes, Questions & Commentary