Cross-border Litigation in Europe: Some Theoretical Issues and Some Practical Challenges

Paul Reid Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yuksel

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

Paul Beaumont Mihail Danov Katarina Trimmings Burcu Yüksel The EUPILLAR data suggest that cross-border litigation is a result-driven undertaking. This is indeed in line with Brussels Ia’s objective to safeguard the litigants’ right to an effective remedy in disputes with an international element. The analysis of the data indicates that the strength of the claimant’s claim and the remedy (which is being sought) will both impact the litigants’ decisions where/whether to initiate their cross-border claims and the defendants’ strategies. It seems that parties would be less prone to delay the resolution of disputes which involve children; so too judges would aim to resolve such cross-border disputes as soon as possible. That said, the fact that there appears to be a tendency for the parties to use delaying strategies in high value commercial disputes strengthens the deduction that the desired remedy affects litigants’ strategies. In addition, once a claim had been...
Original languageEnglish
Title of host publicationCross-Border Litigation in Europe
EditorsPaul Beaumont, Mihail Danov, Katarina Trimmings, Burcu Yüksel
PublisherHart Publishing
Chapter47
Pages819-832
Number of pages14
ISBN (Electronic)978-1-78225-679-3, 978-1-78225-678-6
ISBN (Print)978-1-78225-676-2
DOIs
Publication statusPublished - 2017

Publication series

NameStudies in Private International Law

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