Podcast Location:
Download it here [file size: 24.8 MB]
Categories:
European Law
ADR & Mediation
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast mini-series is aimed at those who are engaged in cross border litigation and arbitration. It aims to explore the reform proposals put forward to amend the Brussels I Regulations and speculates what such changes would mean for those involved in cross border disputes both within and outside the European Union.

Outcomes:
After completing the course you will:
  • Understand what a ‘torpedo action’ is and why they are a problem;
  • Understand what the reform proposals will do to bolster the efficacy of choice of jurisdiction agreements;
  • Be aware of the lis alibi pendens rule and what the reform proposals mean for the doctrine where there is a jurisdiction agreement;
  • Be aware of the concerns about the way the current provisions on choice of jurisdiction clauses are drafted;
  • Understand the relationship between arbitration proceedings and the Brussels I regime;
  • Understand what provision the proposals make with regard to the efficacy of arbitration agreements in the EU;
  • Be aware of the West Tankers decision and what problems it causes;
  • Know the arguments about the complete exclusion (or otherwise) of arbitration proceedings from Brussels I;
  • Understand the significance of the UK government’s decision to opt-in to the negotiation process for Brussels I and what are the likely sticking points.
Level:
Complex Difficulty: 4 of 5
Classification:
Legislative Updates
Panel Discussion
Sources and References:
  • Brussels Regulation (44/2001/EC) ‘Brussels I Regulations’;
  • Erich Gasser GmbH v MISAT Srl (C-116/02);
  • Hague Convention on Choice of Court Agreements (2005);
  • Allianz SpA v West Tankers Case (C-185/07).
Tags:

In this podcast mini-series Murray Rosen QC, head of the advocacy group at Herbert Smith and Pamela Kiesselbach discuss the EU Commission’s reform proposals for the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments across the EU.

Part 2 will focus on the proposals for improving the efficacy of choice of jurisdiction clauses and the proposed rationalisation of the rules governing arbitration and litigation.

The first podcast in this mini-series can be accessed here: Reforming the Brussels I Regulation - Enforcement & Non-EU Defendants.

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