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Rome II: Implications For Irish Tort Litigation

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Chapter Summary

The legal discipline of Conflict of Laws comprises three related strands: jurisdiction, choice of law, and the recognition and enforcement of judgments. In the field of Irish tort litigation, the rules relating to the first and last of these strands are reasonably well known due in no small measure to the impact of the Brussels Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters. The terrain of choice of law is far less well traversed by the legal practitioner, particularly in relation to tort. Determinations about jurisdiction tend to dominate Irish conflicts practice and have a domino effect on choice of law, particularly in contract and tort. This chapter focuses on the status and scope of the Rome II regulation and its principal rules on choice of law.

Keywords: conflict of laws; Irish Tort Litigation; jurisdictional rule; Rome II regulation



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