ABSTRACT
This is an invited essay for a conference on ‘European Private International and Procedural Law and Third Countries’ that was held in Greece on September 29, 2022. It focuses on certain aspects of three European Union ‘Regulations’, which have ‘federalized’ the Private International Law or Conflict of Laws of the Member-States: (1) the ‘Brussels Ia’ Regulation on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters of 2012; (2) the ‘Rome I’ Regulation on the Law Applicable to Contractual Obligations of 2008; and (3) The ‘Rome II’ Regulation on the Law Applicable to Non Contractual Obligations of 2007.
The first part of the essay criticizes the discriminatory treatment of defendants domiciled outside the EU by Brussels Ia, and its lack of deference toward the exclusive jurisdiction rules of third countries or toward choice-of-court agreements choosing the courts of third countries. It praises the Brussels Ia provisions on lis pendens and its protection of consumers and employees against unfavorable pre-dispute choice-of-court agreements …
Symeonides, Symeon, An Outsider’s View of the Brussels Ia, Rome I, and Rome II Regulations (October 20, 2022), Lex & Forum (Forthcoming 2023).
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