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Publishers Abstract:
During 2004-2009, the European Commission conducted surveys of the application of Brussels I, and this resulted in an extensive report on its application. The Report brought a number of proposals for improving Brussels I. In addition, a Belgian professor carried out a study on residual jurisdiction and recognition and enforcement of judgments from non-Member States This article presents and discusses the four most important proposals and adopted amendments in the New Brussels I. They concern arbitration, external situations, choice-of-court agreements, and the abolition of exequatur. The negotiations on Brussels I took place in accordance with the recast procedure, which meant that only issues taken up by the Commission in the Proposal could be reviewed. Issues not addressed by the Commission could only be discussed if the Commission agreed to that, or in the absence of the Commission's approval, if all Member States supported the initiative.
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