2 Amendments of Giuseppe GARGANI related to 2010/0383(COD)
Amendment 96 #
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. In cases referred to in paragraph 1, the court first seised shall establish its jurisdiction within six monththirty days except where duly substantiated exceptional circumstances make this impossible. Upon request by any other court seised of the dispute, the court first seised shall inform that court of the date on which it was seised and of whether it has established jurisdiction over the dispute or, failing that, of the estimated time for establishing jurisdiction.
Amendment 98 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Where the agreed or designated seat of an arbitration is in a Member State, the courts of another Member State whose jurisdiction is contested on the basis of an arbitration agreement shall stay proceedings once the courts of the Member State where the seat of the arbitration is located or the arbitral tribunal have been seised of proceedings to determine, as their main object or as an incidental question, the existence, validity or effects of that arbitration agreement. This paragraph does not prevent the court whose jurisdiction is contested from declining jurisdiction in the situation referred to above if its national law so prescribes. Wplaintiff has lodged an application belatedly or illegally, the court previously seised, in a decision contesting that court's jurisdiction in favour of any court other than the court first seised, may order him to pay a sum of money proportionate to the value of the dispute, the amount being no higher than 10% of the value of the action, without prejudice to the compensation for damages that might be claimed by the other party. It shall be assumed that the plaintiff has acted belatedly or illegally where the existence, validity or effects of the arbitration agreement are established, the court seised shall decline jurisdiction. This paragraph does not apply in disputes concerning matters referred to in Sections 3, 4, and 5 of Chapter II.has lodged an application in breach of a jurisdiction clause that he knew, or that he did not know owing to his own negligence. deleted