September 1, 2010
Handrlica on Exclusive Jurisdiction and Forum Shopping in the EU
Jakub Handrlica (Charles University in Prague - School of Law) has posted Exclusive Jurisdiction vs. Forum Shopping in European Nuclear Liability Law to SSRN.
Obviously, two rather contradictory principles regarding the jurisdiction are currently in force in the European Union. On one hand, the international nuclear liability conventions clearly follow the provisions of liability channelling and concentrate all proceedings to one court. On other hand, the Brussels I. Regulation obviously prefers to make the plaintiff possible to choose between submitting its claims by the court in the country where incident occurred and by the court in his home country. This paper aims to identify interfaces between these two contradictory principles with special attention to the possibility to enforce the judgments issued by courts of non-convention states (i.e. Austria, Ireland, Luxembourg) in those member countries, which are contracting parties either to the Paris or to the Vienna Convention.