By Peter Stone
This completely revised and up-to-date moment variation analyses intimately the present improvement of personal foreign legislation at ecu Union point. Peter Stone examines the provisions of, and the case-law on, measures comparable to the Brussels I legislation on civil jurisdiction and judgments; the Rome I and II rules at the legislations appropriate to contractual and non-contractual responsibilities; the Brussels IIA rules on matrimonial lawsuits and parental accountability; rules 4/2009 on upkeep; and legislation 1346/2000 on insolvency court cases. the writer welcomes, in precept, the mo. learn more... hide; Copyright; Contents; Preface; half I: advent; bankruptcy 1: creation; half II: Civil Jurisdiction and Judgments; bankruptcy 2: heritage, define and scope; bankruptcy three: dwelling house; bankruptcy four: substitute jurisdiction; bankruptcy five: secure contracts; bankruptcy 6: particular jurisdiction; bankruptcy 7: Submission; bankruptcy eight: Concurrent complaints; bankruptcy nine: Provisional measures and taking proof; bankruptcy 10: reputation and enforcement of judgments; bankruptcy eleven: Enforcement strategy; half III: collection of legislation in recognize of duties; bankruptcy 12: Contracts; bankruptcy thirteen: secure contracts
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Article 23 enables parties, by an express and sufficiently formal agreement, to choose a court of a Member State which will have jurisdiction to determine disputes concerning a particular legal relationship. This freedom is restricted by Articles 13, 14, 17 and 21 in relation to insurance, consumer and employment contracts, and by Article 22 in relation to disputes which are subject to exclusive jurisdiction on account of their subject-matter. By Article 24, a court before which the defendant enters an appearance without contesting its jurisdiction becomes competent, unless the dispute falls within Article 22.
It seems clear that, even apart from Article 1(2)(d), Article 71 of the Brussels I Regulation would ensure that, in the case of conflict, the New York Convention would prevail over the Regulation. But in Marc Rich v Impianti (The Atlantic Emperor),102 the European Court, while recognising that one of the purposes of Article 1(2)(d) is to prevent conflict with the New York Convention, ruled that Article 1(2)(d) extends to arbitration in its entirety, and is not limited to aspects covered by the Convention.
72 Case 120/79,  ECR 731. See also T v L  ILPr 5 (Irish Supreme Court), affirming DT v FL  ILPr 56 (McKechnie J). 73 Case 143/78,  ECR 1055. See also Case 25/81: CHW v GJH  ECR 1189. 74 Case 120/79,  ECR 731. 75 Case C-220/95,  ECR I-1147. See also Fournier v Fournier  2 FLR 990 (CA); and DT v FL  ILPr 56 (McKechnie J in the Irish High Court). History, outline and scope 31 tion of its amount, the decision is concerned with maintenance. But where the provision awarded is solely concerned with dividing property between the spouses, the decision is concerned with matrimonial property, and is therefore not enforceable under the Regulation.