Judicial Cooperation between the United States and Europe in Civil and Commercial Matters: An Overview of Issues

Transnational Civil Litigation In The European Judicial Area And In Relations With Third States: Arnaud Nuyts, Nadine Watte, eds. (Brussels: Bruylant, 2005), pp. 1-25

25 Pages Posted: 4 Dec 2013

See all articles by Nikitas Hatzimihail

Nikitas Hatzimihail

University of Cyprus, Department of Law; Université Libre de Bruxelles (ULB)

Arnaud Nuyts

Université Libre de Bruxelles (ULB)

Date Written: 2004

Abstract

Written in 2003-2004 as an early contribution to an EU-funded interuniversity project on the judicial cooperation in civil matters between the European Union’s Member States and third countries, this article constitutes a concept paper providing a general overview of issues that are of interest, in particular, for the relationships between the United States and Europe. While the immediate practical interest of this is evident, it also leads to an interesting comparison of the E.U. instruments with U.S. law, as well as with the global instruments bringing together the two federations -- and an exploration of how the interests of U.S. actors are affected by -- and affect in their turn -- the evolution of civil litigation in Europe.

Section I of the Essay lays out the institutional background and general themes, whereas Section II considers the interplay of globalization with judicial cooperation. Section III considers the diverse perspectives across the Atlantic on the thorny issue of antisuit injunctions (III). The rest of the article discusses specific areas of judicial cooperation where important new instruments (as of 2004) have seen the light of day: cross-border insolvency (IV), parallel proceedings and forum selection agreements (V), service of process (VI) and the taking of evidence (VII).

Keywords: Private international law; commercial litigation; Hague Conference on Private International Law; taking of evidence; service of process; forum selection; jurisdiction; anti-suit injunctions

JEL Classification: K41, K40, K33

Suggested Citation

Hatzimihail, Nikitas Emmanuel and Nuyts, Arnaud, Judicial Cooperation between the United States and Europe in Civil and Commercial Matters: An Overview of Issues (2004). Transnational Civil Litigation In The European Judicial Area And In Relations With Third States: Arnaud Nuyts, Nadine Watte, eds. (Brussels: Bruylant, 2005), pp. 1-25, Available at SSRN: https://ssrn.com/abstract=2245105

Nikitas Emmanuel Hatzimihail (Contact Author)

University of Cyprus, Department of Law ( email )

P.O. Box 20537
Nicosia, 1678
Cyprus
+357 22892923 (Phone)

HOME PAGE: http://ucy.ac.cy/el/people/nhatzimi

Université Libre de Bruxelles (ULB) ( email )

CP 132 Av FD Roosevelt 50
Brussels, Brussels 1050
Belgium

Arnaud Nuyts

Université Libre de Bruxelles (ULB) ( email )

CP 132 Av FD Roosevelt 50
Brussels, Brussels 1050
Belgium

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