REVIEW OF THE BRUSSELS I REGULATION 2001/44

The infamous Brussels I regulation on jurisdiction in contractual matters is overdue for its 5-year review. The Commission is expected to issue a consultation paper on the subject in late Spring 2009. The European Parliament’s Legal Affairs committee organised in mid- January, a hearing in anticipation of the review at which Alexander Layton QC spoke on behalf of the Bar. The hearing focussed on the recent, controversial, case-law of the Court of Justice; and covered topics including party autonomy; choice of court clauses; lis pendens; arbitration agreements; “torpedo” actions; anti-suit injunctions and forum non conveniens