ROME I: A UPDATE O THE LAW APPLICABLE TO CO TRACTUAL OBLIGATIO S I EUROPE. ils Willem Vernooij
|
|
- Loraine Parrish
- 5 years ago
- Views:
Transcription
1 THE COLUMBIA JOUR AL OF EUROPEA LAW O LI E ROME I: A UPDATE O THE LAW APPLICABLE TO CO TRACTUAL OBLIGATIO S I EUROPE I. I TRODUCTIO ils Willem Vernooij After six years and many rounds of consultations and political debates, 1 the Rome Convention on the Law Applicable to Contractual Obligations 2 has been finally converted into a Community instrument: the Rome I Regulation. 3 This Regulation entered into force on July 24, 2008 and shall apply EU-wide, with the exception of Denmark, 4 as of December 17, The adoption of Rome I is part of an ambitious project to lay down comprehensive choice-of-law rules for obligations in civil and commercial matters within the EU. 6 To this end, Rome I is complemented by the Regulation on the Law Applicable to Non-Contractual Obligations, 7 which 1 See, e.g., Commission Green Paper on the Conversion of the Rome Convention of 1980 on the Law Applicable to Contractual Obligations into a Community Instrument and its Modernization, COM (2002) 654 final (Jan. 14, 2003). The European Commission maintains an extensive list of replies to this Green Paper at (last visited May 10, 2009). For comments on this Green Paper, see, for example, Max Planck Inst. for Foreign Priv. and Priv. Int l Law, Comments on the European Commission s Green Paper on the Conversion of the Rome Convention of 1980 on the Law Applicable to Contractual Obligations into a Community Instrument and Its Modernization, 68 RABELS ZEITSCHRIFT 1 (2004), available at Von Ulrich Magnus & Peter Mankowski, The Green Paper on a Future Rome I Regulation on the Road to a Renewed European Private International Law of Contracts, 103 ZEITSCHRIFT FÜR VERGLEICHENDE RECHTSWISSENSCHAFT 131 (2004). See also Commission Proposal for a Regulation on the Law Applicable to Contractual Obligations (Rome I), COM (2005) 650 final (Dec. 15, 2005) [hereinafter Proposal]. On this Proposal, see, for example, Max Planck Inst. for Foreign Priv. and Priv. Int l Law, Comments on the European Commission s Proposal for a Regulation of the European Parliament and the Council on the Law Applicable to Contractual Obligations (Rome I), 71 RABELS ZEITSCHRIFT 225 (2007) [hereinafter Max Planck Inst. 2007], available at proposal.pdf; see also Eva Lein, Proposal for a Regulation on the Law Applicable to Contractual Obligations, in Y.B. PRIV. INT L L. 389 (Petar Sarcevic et al. eds., 2005). An overview of the political process following this Proposal is available at (last visited May 10, 2009) and at (last visited May 10, 2009). 2 Convention on the Law Applicable to Contractual Obligations, 1980 O.J. (L 266) 1 [hereinafter Rome Convention]. For the consolidated version of the Rome Convention, see 2005 O.J. (C 334) 1. 3 Parliament and Council Regulation 593/2008, Law Applicable to Contractual Obligations (Rome I), 2008 O.J. (L 177) 6 [hereinafter Rome I]. 4 Id. recital 46. Initially, the United Kingdom did not want to opt in to Rome I either. Id. recital 45. Following a consultation process, however, it changed its position. See UK MINISTRY OF JUSTICE, ROME I SHOULD THE UK OPT IN?, 2008, Consultation Paper CP 05/08, available at see also Commission Opinion on the Request from the United Kingdom to Accept Regulation (EC) o. 593/2008 on the Law Applicable to Contractual Obligations (Rome I), COM (2008) 730 final (Nov. 7, 2008). 5 Rome I, supra note 3, art See Council and Commission Action Plan on How Best to Implement the Provisions of the Treaty of Amsterdam on an Area of Freedom, Security and Justice, 39, 1999 O.J. (C 19) 1. 7 Parliament and Council Regulation 864/2007, On the Law Applicable to Non-Contractual Obligations (Rome II), 2007 O.J. (L 199) 40 (EC) [hereinafter Rome II]. 71
2 72 COLUMBIA JOURNAL OF EUROPEAN LAW ONLINE [Vol. 15 has applied since January 11, 2009, and provides for choice-of-law rules regarding obligations arising out of tort/delict, unjust enrichment, negotiorum gestio, and culpa in contrahendo. When compared to Rome II which has no legal predecessor and, therefore, presents a milestone in the development of European private international law 8 Rome I is a relatively modest modernization of pre-existing choice of law rules designating the applicable law to contractual obligations. On the other hand, Rome I is by no means a verbatim copy of the Rome Convention; indeed, the wording of several articles has been rephrased or clarified, and a number of important changes have been implemented. 9 These changes include, inter alia: a minor adjustment to the principle of party autonomy (Article 3); a complete revision of the choice of law rules regarding the applicable law in the absence of choice (Article 4); new provisions on transports of carriage and insurance (Articles 5 and 7 respectively); an expansion of the choice of law rules regarding consumer contracts; and a rephrasing of the so-called mandatory rules of law. The purpose of this note is to provide a brief overview of some of the changes mentioned above. II. ARTICLE 3: THE PRI CIPLE OF PARTY AUTO OMY The parties freedom to choose the law applicable to their contract, whether or not it is the law of an EU Member State, is still a fundamental principle in Rome I. 10 The parties also continue to be allowed to choose the law applicable to only a part of their contract (depeçage). 11 No departure from the Rome Convention has been intended in these respects. In fact, except for one minor textual amendment, the principle of party autonomy has remained unaltered. This amendment relates to the criteria for making an implicit choice of law, which seem to have been tightened. Whereas under the Rome Convention an implicit choice must be demonstrated with reasonable certainty by the terms of the contracts or the circumstances of the case, Rome I says this choice must be demonstrated clearly. 12 In this respect, Rome I embodies a preference for certainty over flexibility, limiting the courts discretion to determine whether the parties have made an implied choice of law. 13 Moreover, under Rome I, one of the factors to be taken into account in determining whether an implicit choice of law has been clearly demonstrated is an agreement between the parties to confer on one or more courts or tribunals of a Member State exclusive jurisdiction to determine 8 For a detailed analysis of Rome II, see, for example, the works of various authors in Y.B. PRIV. INT L L (Petar Sarcevic et al. eds., 2007). 9 This was necessary, in part, to make the language of Rome I consistent with that of both Rome II and of Council Regulation 44/2001, On Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, 2001 O.J. (L 12) 1 (EC) [hereinafter Brussels I]. See Rome I, supra note 3, recitals 7, 15, 17, In this respect, Recital 11 of Rome I expressly states: The parties' freedom to choose the applicable law should be one of the cornerstones of the system of conflict-of-law rules in matters of contractual obligations. 11 Id. art. 3(1). 12 Id. 13 Arguably, the wording demonstrated with reasonably certainty leaves more room for interpretation than the wording clearly demonstrated, albeit the difference is subtle. See Katharina Boele-Woelki & Vesna Lazić, Where Do We Stand on the Rome I Regulation?, in THE FUTURE OF EUROPEAN CONTRACT LAW 19, 24 (Katharina Boele-Woelki & Willem Grosheide eds., 2007). The preamble of Rome I makes the preference for legal certainty explicit. Rome I, supra note 3, recital 16 ( the conflict-of-law rules should be highly foreseeable ).
3 2009] LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS IN EUROPE 73 disputes under their contract. 14 In the absence of an express choice of law, a choice of court could, therefore, bring about an implicit choice for the law of the country where the court has jurisdiction (the law of the forum). This soft rule, 15 which is not to be found in the Rome Convention, has been both praised for its efficiency and criticized for its inconsistency with the principle of party autonomy. 16 Like the Rome Convention, Rome I does not allow the contracting parties to choose anything but national law. Therefore, non-state rules of law such as lex mercatoria, 17 the Principles of European Contract Law, 18 or the UNIDROIT Principles of International Commercial Contracts 19 cannot be chosen as the law applicable to the contract. 20 This intentional omission has been criticized as being out-of-touch with international commercial reality, contradictory to the principle of party autonomy and inconsistent with the arbitration laws of many countries. 21 However, Rome I does not preclude the contracting parties from incorporating by reference into their contract non-state rules. 22 III. ARTICLE 4: LAW APPLICABLE I THE ABSE CE OF CHOICE 14 Rome I, supra note 3, recital 12. Originally, the Commission proposed that, for the purpose of determining whether the contracting parties have made an implicit choice of law, they shall be presumed to have chosen the law of a particular Member State if they have agreed to confer jurisdiction on one or more courts or tribunals of [that] Member State to hear and determine disputes that have arisen or may arise out of their contract. Proposal, supra note 1, at 14. This proposal was eventually watered down to recital 12 during the legislative process. Rome I, supra note The rule is soft in that a choice of forum does not automatically bring about an implicit choice of law, in the absence of an express choice by the contracting parties, but only serves as a factor in determining whether an implicit choice of law has been clearly demonstrated. 16 See Ole Lando & Peter Arnt Nielsen, The Rome I Regulation, 45 COMMON MKT. L. REV. 1687, 1699 (2008) (supporting recital 12 of Rome I because (1) it is convenient for a court to apply its own law instead of a foreign law, (2) application of foreign law is often time-consuming and expensive, and (3) parallelism between choice of court and choice of law is likely to be in accordance with the expectations of the parties). But see Boele-Woelki & Lazić, supra note 13, at 25 (arguing that a choice of courts in a particular country does not mean that the parties intended that the law of that country would also govern their contract because they are likely to agree on the jurisdiction of the courts in a neutral country, otherwise unrelated to the parties and their legal relationship, as either party wishes to avoid proceedings before the courts in the country of the counterparty). 17 There is no single definition of lex mercatoria. Among other things, lex mercatoria relates to usages developed in international trade and general principles of law. JULIAN D.M. LEW ET AL., COMPARATIVE INTERNATIONAL COMMERCIAL ARBITRATION (2003). 18 See OLE LANDO ET AL., PRINCIPLES OF EUROPEAN CONTRACT LAW - PARTS I, II AND III (2003). 19 See International Institute for the Unification of Private Law (UNIDROIT), UNIDROIT Principles of International Commercial Contracts (2004). 20 The Commission initially proposed to allow parties to choose non-state rules of law as the law applicable to their contract, including such rules as the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, but excluding the lex mercatoria, which, according to the Commission, is not precise enough. Proposal, supra note 1, at 5, 14. However, the proposed provision failed to gather sufficient support during the legislative process. 21 Lando & Nielsen, supra note 16, at ; Fabrizio Marella, The ew (Rome I) European Regulation on the Law Applicable to Contractual Obligations: What has Changed?, 19 ICC INT L CT. ARB. BULL. 87, (2008); Boele-Woelki & Lazić, supra note 13, at The aforementioned scholars point out that non-state rules of law are often applied in commercial arbitration and that this practice is expressly allowed by the arbitration laws of many countries, including EU Member States, if only because this allows the parties to choose a neutral system of law. Party autonomy under arbitration laws and practices is, therefore, generally greater than under Rome I. But see Magnus & Mankowski, supra note 1, at (arguing against the inclusion of non-state rules of law and pointing out that, in practice, parties to arbitration rarely opt to choose non-state law). 22 Rome I, supra note 3, recital 13.
4 74 COLUMBIA JOURNAL OF EUROPEAN LAW ONLINE [Vol. 15 Rome I contains some major changes in respect of the choice-of-law rules regarding the law applicable to the contract in the absence of an express or implied choice of law by the contracting parties. 23 First, Rome I provides for a bright-line approach in respect of eight categories of contracts, stating for each category the determinative connecting factor to designate the applicable law (the first main rule). 24 Included in this list of categories are, for example, contracts for the sale of goods, 25 contracts for the provision of services, 26 franchise contracts, 27 and distribution contracts. 28 According to Rome I, the aforementioned contracts are governed by the law of the country where the seller, service provider, franchisee, or distributor, respectively, has his habitual residence. 29 This bright-line approach contrasts with that of the Rome Convention, under which the main rule for every contract is that the contract shall be governed by the law of the country with which it is most closely connected, 30 subject to certain presumptions regarding, most importantly, characteristic performance. 31 Note that Rome I also introduces a new provision on the definition of habitual residence Id. art Id. art. 4(1). This approach has been criticized for creating new problems of classification and delineation of categories, thereby offsetting the advantages of the hard-and-fast rules introduced in Article 4(1) of Rome I. Lando & Nielsen, supra note 16, at ; Zheng Tang, Law Applicable in the Absence of Choice The ew Article 4 of the Rome I Regulation, 71 MOD. L. REV. 785, 791 (2008); Michael Wilderspin, The Rome I Regulation: Communitarisation and Modernization of the Rome Convention, 9 ERA FORUM 259, (2008); and Lein, supra note 1, at Rome I, supra note 3, art. 4(1)(a). 26 Id. art. 4(1)(b). According to recital 17 of Rome I, the terms provision of services and sale of goods should be interpreted in the same way as when applying Article 5 of Brussels I. 27 Rome I, supra note 3, art. 4(1)(e). 28 Id. art. 4(1)(f). 29 Id. arts. 4(1)(a), (b), (e), and (f) respectively. With respect to contracts for the sale of goods, or the provision of services, the same result would follow under Article 4(2) of the Rome Convention, by virtue of applying the characteristic performance rule. Tang, supra note 24, at 787, 792. Other contracts included in the list of categories in Article 4(1) of Rome I are contracts relating to a right in rem in immovable property or to a tenancy of immovable property. Rome I, supra note 3, art. 4(1)(c). These contracts shall be governed by the law of the country where the property is situated. Id. Again, the same result would follow under Article 4(3) of the Rome Convention, which contains a presumption that such contracts are most closely connected with the country where the immovable property is situated. Tang, supra note 24, at 787. Rome I, however, newly introduces a limited exception for short-term tenancies, which are described as tenancies of immovable property concluded for temporary private use for a period of no more than six consecutive months where the tenant is a natural person and has his habitual residence in the same country as the landlord. Rome I, supra note 3, art. 4(d). Those tenancies shall be governed by the law of the country where both parties have their habitual residence. Id. Furthermore, contracts for the sale of goods by auction shall be governed by the law of the country where the auction takes place, if such a place can be determined. Id. art. 4(1)(g). Finally, contracts concluded within a multilateral system which brings together or facilitates the bringing together of multiple third-party buying and selling interests in financial instruments, in accordance with non-discretionary rules and governed by a single law shall be governed by that law. Id. art. 4(1)(h). 30 Rome Convention, supra note 2, art. 4(1); Rome I, supra note 3, art. 4(d). 31 According to the Rome Convention, it shall be presumed that the contract is most closely connected with the country where the party who is to effect the performance which is characteristic of the contract has his habitual residence. Rome Convention, supra note 2, art. 4(2). The characteristic performance relates to the performance for which the payment is due, which usually constitutes the centre of gravity and the socio-economic function of the contractual transaction. MARIO GIULIANO & PAUL LAGARDE, REPORT ON THE CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS, 1980 O.J. (C 282) 1, 20. Examples are, depending on the type of contract, the delivery of goods, the granting of the right to make use of an item of property, or the provision of a service, transport, insurance, banking operations, or security. Id. 32 See Rome I, supra note 3, art. 19. Unlike Article 60(1) of Brussels I, which establishes three criteria for determining where companies and other legal bodies are domiciled, Article 19(1) of Rome I contains a single criterion:
5 2009] LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS IN EUROPE 75 Second, contracts which fall outside the aforementioned categories shall be governed by the law of the country where the party required to effect the characteristic performance of the contract has his habitual residence (the second main rule). 33 This rule also applies to contracts which fall into more than one of the aforementioned categories. 34 Thus, the presumption of the Rome Convention relating to characteristic performance has been turned into one of the two main rules of Rome I regarding the applicable law in the absence of choice. Third, where the applicable law cannot be determined pursuant to the two main rules of Rome I mentioned above, the contract shall be governed by the law of the country with which it is most closely connected. 35 Thus, the main rule of the Rome Convention has been turned into the residual rule in Rome I. 36 Just as with the implicit choice of law, certainty wins over flexibility in Rome I with respect to the choice-of-law rules regarding the applicable law in the absence of a choice. 37 However, Rome I leaves some discretion to the courts in determining the applicable law in the absence of choice, by providing that the two main rules mentioned above (the categories rule and the characteristic performance rule) shall not apply where it is clear from all the circumstances of the case that the contract is manifestly more closely connected with a country other than that indicated by either of these two main rules. In such a case, the law of that other country shall apply. 38 A similar exception is present in the Rome Convention, but without the adverb manifestly. 39 This means that under Rome I courts have less leeway to resort to this exception than under the Rome Convention. Once again, therefore, Rome I provides for more certainty, albeit less flexibility, than the Rome Convention. On the other hand, the preamble of Rome I makes it clear that to determine the country with which the contract is manifestly more closely connected, account should be taken of, inter alia, whether that contract has a very close relationship with one or more other contracts. 40 This suggests that the manifestly more closely connected exception may be more readily satisfied than on first sight. 41 IV. CO CLUSIO the place of central administration. According to Rome I, recital 39, this should prevent parties from being unable to foresee the law applicable to their situation. 33 Rome I, supra note 3, art. 4(2). 34 Id. art. 4(2). 35 Id. art. 4(4). 36 This approach has been criticized for its strictness, notwithstanding the legal certainty it promotes, because it leaves judges hardly any space to balance commercial interests and adapt the rule to the needs of commerce. Max Planck Inst. 2007, supra note 1, at 258. It also marks a considerable departure from the practice of most European countries prior to the enactment of the Rome Convention. Id. 37 See Lando & Nielsen, supra note 16, at But see Tang, supra note 24, at (arguing that the situation under Rome I has not substantially improved because clear rules are still lacking for most contracts where the characteristic performance rule cannot be used, such as contracts of exchange and joint venture contracts); Wilderspin, supra note 24, at Rome I, supra note 3, art. 4(3). 39 Rome Convention, supra note 2, art. 4(5). 40 Rome I, supra note 3, recital On the problem of linked contracts, see Trevor C. Hartley, The Proposed Rome I Regulation: Applicable Law in the Absence of Choice (Article 1), in VERS DE NOUVEAUX ÉQUILIBRES ENTRE ORDRES JURIDIQUES 717, , 726 (Jean-Pierre Ancel et al. eds., 2008).
6 76 COLUMBIA JOURNAL OF EUROPEAN LAW ONLINE [Vol. 15 Rome I is a welcome update of the choice-of-law rules previously laid down by the Rome Convention. Several important new provisions have been introduced, such as those on contracts of carriage and insurance contracts, and the language of pre-existing rules has been clarified, such as the rules that designate the applicable law in the absence of a choice. As a result, Rome I provides for more certainty than the Rome Convention, albeit sometimes at the cost of reduced flexibility. However, some issues, most notably the parties freedom to choose non-state rules as the law applicable to their contract, are not dealt with in Rome I and have been left for another day. It is clear, therefore, that Rome I is not an end product but merely another step in the development of private international law within the EU, albeit one that, together with Rome II and Brussels I, results in a more coherent framework of European choice-of-law rules.
REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. of 17 June on the law applicable to contractual obligations (Rome I)
REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 2008 on the law applicable to contractual obligations (Rome I) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN
More informationEUROPEAN UNION. Brussels, 31 March 2008 (OR. en) 2005/0261 (COD) PE-CONS 3691/07 JUSTCIV 334 CODEC 1401
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 31 March 2008 (OR. en) 2005/0261 (COD) PE-CONS 3691/07 JUSTCIV 334 CODEC 1401 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: Regulation of the
More informationRome I Regulation Choice of law Absence of Choice of law Slovak Case law
This project is co-financed by the European Union Rome I Regulation Choice of law Absence of Choice of law Slovak Case law Kristián Csach Faculty of law, University of Trnava Judicial academy Slovak republic
More information1) Freedom of choice the primary principle
The law applicable to contractual obligations (Rome I Regulation) - a summary and practical guidance on its impact on contractual obligations concluded by Cyprus companies From 17 December 2009 Regulation
More informationC L I P European Max-Planck Group for Conflict of Laws in Intellectual Property
C L I P European Max-Planck Group for Conflict of Laws in Intellectual Property Professor Dr. Dr. h.c. Jürgen Basedow, Hamburg Andrea Birkmann, München Professor Dr. Graeme Dinwoodie, Chicago Professor
More informationINTERACTION between BRUSSELS I bis, ROME I AND ROME II
1 This project is co-financed by the European Union INTERACTION between BRUSSELS I bis, ROME I AND ROME II All three Regulations: No 593/2008 of the European Parliament and of the Council of 17 June 2008
More informationTORTS IN CYBERSPACE: THE IMPACT OF THE NEW REGULATION ROME II MICHAEL BOGDAN *
M. Bogdan: Torts in Cyberspace TORTS IN CYBERSPACE: THE IMPACT OF THE NEW REGULATION ROME II by MICHAEL BOGDAN * The conflict-of-laws rules in the new EC Regulation on the Law Applicable to Non- Contractual
More informationJurisdiction and Governing Law Rules in the European Union
2016 Jurisdiction and Governing Law Rules in the European Union Contents Introduction Recast Brussels Regulation (EU 1215/2012) Rome I Regulation (EC 593/2008) Rome II Regulation (EC 864/2007) Main exceptions
More informationEUROPEAN UNION. Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 22 June 2007 (OR. en) 2003/0168 (COD) C6-0142/2007 PE-CONS 3619/07 JUSTCIV 140 CODEC 528 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION
More informationThe United Nations Convention on Contracts for the International Sale of Goods (CISG)
Rechtswissenschaftliche Fakultät Institut für Zivilrecht Wintersemester 2017 KU UN-Kaufrecht Uniform Sales Law The United Nations Convention on Contracts for the International Sale of Goods (CISG) José
More informationBRIEF CONSIDERATIONS ON THE INFLUENCES OF THE UNION S PROVISIONS IN THE NEW ROMANIAN CIVIL CODE
AGORA International Journal of Juridical Sciences, www.juridicaljournal.univagora.ro ISSN 1843-570X, E-ISSN 2067-7677 No. 2 (2013), pp. 217-222 BRIEF CONSIDERATIONS ON THE INFLUENCES OF THE UNION S PROVISIONS
More informationEUROPEAN PARLIAMENT. Session document
EUROPEAN PARLIAMT 2004 Session document 2009 C6-0317/2006 2003/0168(COD) 27/09/2006 Common position COMMON POSITION adopted by the Council on 25 September 2006 with a view to the adoption of a Regulation
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL REGULATION
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 21.02.2006 COM(2006) 83 final 2003/0168 (COD) Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL REGULATION ON THE LAW APPLICABLE TO NON-CONTRACTUAL
More informationCHOICE OF LAW RULES APPLICABLE TO ELECTRONIC CONSUMER CONTRACTS ACCORDING TO ROME I REGULATION
CHOICE OF LAW RULES APPLICABLE TO ELECTRONIC CONSUMER CONTRACTS ACCORDING TO ROME I REGULATION University of Oslo Faculty of Law Candidate number: 20 Supervisor: Jon Bing Deadline for submission: 30/09/2009:
More information[340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II )
[340] COUNCIL REGULATION 44/2001/EC ( BRUSSELS II ) 4. Council Regulation 44/2001/EC of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EN EN EN EUROPEAN COMMISSION Brussels, 14.12.2010 COM(2010) 748 final 2010/0383 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on jurisdiction and the recognition and enforcement
More informationThis document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
2001R0044 EN 09.07.2013 010.001 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents B COUNCIL REGULATION (EC) No 44/2001 of 22 December
More informationThe O.H.A.D.A.C. Principles on International Commercial Contracts: A European Perspective.
Peter Klik, The O.H.A.D.A.C. Principles on International Commercial Contracts: A European Perspective. Let me start by saying what an honor it is to be here and address this conference. Unification of
More informationRevised Proposal of the Canadian Delegation on the topic of Consumer Protection May 2008
Revised Proposal of the Canadian Delegation on the topic of Consumer Protection May 2008 DRAFT OF PROPOSAL FOR A MODEL LAW ON JURISDICTION AND APPLICABLE LAW FOR CONSUMER CONTRACTS Preamble 1 The purpose
More informationPrinciples on Conflict of Laws in Intellectual Property
Principles on Conflict of Laws in Intellectual Property Prepared by the European Max Planck Group on Conflict of Laws in Intellectual Property (CLIP) Final Text 1 December 2011 CLIP Principles PREAMBLE...
More information14652/15 AVI/abs 1 DG D 2A
Council of the European Union Brussels, 26 November 2015 (OR. en) Interinstitutional File: 2011/0060 (CNS) 14652/15 JUSTCIV 277 NOTE From: To: Presidency Council No. prev. doc.: 14125/15 No. Cion doc.:
More informationInternational Encyclopaedia of Laws. Private International Law - Outline. The author(s) Table of Contents List of abbreviations
International Encyclopaedia of Laws Private International Law - Outline The author(s) Table of Contents List of abbreviations General Introduction 1. Historical development 2. International und supranational
More informationJudicial Cooperation in Civil and Commercial Matters
Judicial Cooperation in Civil and Commercial Matters Ministry of Justice and Public Administration Department for International Legal Assistance in Civil Matters Regulation (EC) No 1393/2007 of the European
More informationCONTRACTS IN CYBERSPACE AND THE NEW REGULATION ROME I MICHAEL BOGDAN *
2009] M. Bogdan: Contracts in Cyberspace and the Regulation Rome I 219 CONTRACTS IN CYBERSPACE AND THE NEW REGULATION ROME I by MICHAEL BOGDAN The new EC Regulation on the Law Applicable to Contractual
More informationROME REGULATION ON THE APPLICABLE LAW TO NON-CONTRACTUAL OBLIGATIONS (ROME II)
1 This project is co-financed by the European Union ROME REGULATION ON THE APPLICABLE LAW TO NON-CONTRACTUAL OBLIGATIONS (ROME II) REGULATION (EC) No 864/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
More informationA practical guide, with ICC model contracts
THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical
More informationCHAPTER EIGHT. Conclusion. 8.0 The Research Question and its Impact on the Existing Literature. Contracts for the International Sale of Goods 1980.
CHAPTER EIGHT Conclusion 8.0 The Research Question and its Impact on the Existing Literature The purpose of this thesis has been to examine the interpretation and application of the buyer s remedy of avoidance
More informationREGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic
More informationREGULATIONS. to justice. Since a number of amendments are to be made to that Regulation it should, in the interests of clarity, be recast.
REGULATIONS REGULATION (EU) No 1215/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
More informationCONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS CONV/JUD/en 1 PREAMBLE THE HIGH CONTRACTING PARTIES TO THIS CONVENTION, DETERMINED to strengthen
More informationThe Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law
The Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law www.mpi.lu Revised Brussels I Regulation: Scope of Application Overview Introductory Remarks Material Scope
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14.10.2009 COM(2009)154 final 2009/0157 (COD) C7-0236/09 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on jurisdiction, applicable
More informationClass Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015
Class Unification of Law - Uniform Law (Rechtsvereinheitlichung) Summer term 2015 Time schedule of the class 09.04.2015 Basics of unification of law: notion, purposes, history 16.04.2015 Methods of unification
More informationCase study on Licence contract, environmental damage, unfair competition and defamation. Conflict of laws. Project
Case study on Licence contract, environmental damage, unfair competition and defamation Conflict of laws Project Using EU Civil Justice Instruments: Development of training materials and organisation of
More information32000R1346 OJ L 160, , p (ES, DA, DE, EL, EN, FR, 1. Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings
32000R1346 OJ L 160, 30.6.2000, p. 1-18 (ES, DA, DE, EL, EN, FR, 1 Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings THE COUNCIL OF THE EUROPEAN UNION, Council regulation (EC)
More informationRecommendation for a COUNCIL DECISION
EUROPEAN COMMISSION Brussels, 16.9.2015 COM(2015) 458 final 2015/0210 (NLE) Recommendation for a COUNCIL DECISION concerning the accession of Croatia to the Convention of 26 July 1995, drawn up on the
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 11.6.2003 COM (2003) 341 final 2002/0090 (COD) Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL creating a European enforcement
More informationCommittee on Legal Affairs
EUROPEAN PARLIAMT 2009-2014 Committee on Legal Affairs 27.2.2012 2009/0157(COD) AMDMT 246 Draft report Kurt Lechner (PE441.200v02-00) on the proposal for a Regulation of the European Parliament and of
More information8118/16 SH/NC/ra DGD 2
Council of the European Union Brussels, 30 May 2016 (OR. en) Interinstitutional File: 2016/0060 (CNS) 8118/16 JUSTCIV 71 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: COUNCIL REGULATION implementing enhanced
More informationContracts (Applicable Law) Act 1990 (c. 36)
Contracts (Applicable Law) Act 1990 (c. 36) 1990 c. 36 Crown Copyright 1990 Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being
More informationCONVENTION on the law applicable to contractual obligations (1) opened for signature in Rome on 19 June 1980
1980 ROME CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (CONSOLIDATED VERSION) PRELIMINARY NOTE The signing on 29 November 1996 of the Convention on the accession of the Republic of Austria,
More informationThe law applicable to employment contracts under the Rome I-Regulation
Marcin Czerwiński The law applicable to employment contracts under the Rome I-Regulation Introduction Conflict-of-law rules (private international law) determine which national law applies in a case with
More informationCross-Border Traffic Accidents: Jurisdiction and Applicable Law:
Cross-Border Traffic Accidents: Jurisdiction and Applicable Law: An Introduction to the Relevant Rules of Private International Law Thomas Kadner Graziano In Europe, there exist two international instruments
More informationProposal for a COUNCIL REGULATION
EUROPEAN COMMISSION Brussels, 2.3.2016 COM(2016) 107 final 2016/0060 (CNS) Proposal for a COUNCIL REGULATION on jurisdiction, applicable law and the recognition and enforcement of decisions in matters
More informationThe Conflict of Laws in the Context of the CISG: A Chinese Perspective
Pace International Law Review Volume 20 Issue 1 Spring 2008 Article 6 April 2008 The Conflict of Laws in the Context of the CISG: A Chinese Perspective Chen Weizuo Follow this and additional works at:
More informationThe Nature and Purposes of the Common Frame of Reference
*1 Professor, University of Warwick The Nature and Purposes of the Common Frame of Reference In this paper, I explain what I, as one of the academic researchers, understand to be the purposes of the Common
More informationEC Convention on the Law Applicable to Contractual Obligations (Rome 1980) European Union
European Union Copyright 1980 European Union ii Contents Contents Title I - Scope of the Convention 2 Article 1 - Scope of the Convention 2 Article 2 - Application of law of non-contracting States 2 Title
More information***I REPORT. EN United in diversity EN A7-0045/
EUROPEAN PARLIAMT 2009-2014 Plenary sitting A7-0045/2012 6.3.2012 ***I REPORT on the proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition
More informationNetherlands Arbitration Institute Interim Award of 10 February 2005
Published at Yearbook Comm. Arb'n XXXII, Albert Jan van den Berg, ed. (Kluwer 2007) 93-106. Copyright owner: The International Council of Commercial Arbitration (ICCA). Reprinted with permission of ICCA.
More informationMutual Trust and Cross-Border Enforcement of Judgments in Civil Matters in the EU: Does the Step-by-Step Approach Work?
Neth Int Law Rev (2017) 64:115 139 DOI 10.1007/s40802-017-0079-0 ARTICLE Mutual Trust and Cross-Border Enforcement of Judgments in Civil Matters in the EU: Does the Step-by-Step Approach Work? Marek Zilinsky
More informationJUDGMENT OF THE COURT (Grand Chamber) 15 March 2011 (*)
JUDGMENT OF THE COURT (Grand Chamber) 15 March 2011 (*) (Rome Convention on the law applicable to contractual obligations Contract of employment Choice made by the parties Mandatory rules of the law applicable
More information2018 ISDA Choice of Court and Governing Law Guide
2018 ISDA Choice of Court and Governing Law Guide International Swaps and Derivatives Association, Inc. Copyright 2018 by International Swaps and Derivatives Association, Inc. 10 E 53 rd Street 9th Floor
More informationThe Impact of Uniform Law on National Law: Limits and Possibilities Commercial Arbitration in the Netherlands
The Impact of Uniform Law on National Law: Limits and Possibilities Commercial Arbitration in the Netherlands Vesna Lazić* Readers are reminded that this work is protected by copyright. While they are
More informationSETTING A FRAMEWORK FOR LITIGATION IN ASIA
SETTING A FRAMEWORK FOR LITIGATION IN ASIA THE HAGUE CHOICE OF COURT CONVENTION AND BEYOND Yuko Nishitani (Kyoto University, Japan) 1 I. INDRODUCTION Globalization & Regionalisation Europe (EU), North
More informationOut-of-court dispute settlement systems for e-commerce
1 Out-of-court dispute settlement systems for e-commerce Report on legal issues Part II: The Protection of the Recipient 29 th May 2000 2 Title: Out-of-court dispute settlement systems for e- commerce.
More informationA GLOBAL CONVENTION ON CHOICE OF COURT AGREEMENTS
A GLOBAL CONVENTION ON CHOICE OF COURT AGREEMENTS 2003 International Law Weekend Association of the Bar of the City of New York October 24, 2003 Ronald A. Brand* I. INTRODUCTION... 345 II. THE DRAFr TEXT
More informationto improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes
Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes THE COUNCIL OF THE EUROPEAN
More informationEDPS Opinion on the proposal for a recast of Brussels IIa Regulation
Opinion 01/2018 EDPS Opinion on the proposal for a recast of Brussels IIa Regulation (Council Regulation on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters
More informationEUROPEAN UNION. Brussels, 30 November 2012 (OR. en) 2010/0383 (COD) PE-CONS 56/12 JUSTCIV 294 CODEC 2277 OC 536
EUROPEAN UNION THE EUROPEAN PARLIAMT THE COUNCIL Brussels, 30 November 2012 (OR. en) 2010/0383 (COD) PE-CONS 56/12 JUSTCIV 294 CODEC 2277 OC 536 LEGISLATIVE ACTS AND OTHER INSTRUMTS Subject: REGULATION
More informationBrexit Paper 4: Civil Jurisdiction and the Enforcement of Judgments
1 Brexit Paper 4: Civil Jurisdiction and the Enforcement of Judgments Summary The ability to enforce judgments of the courts from one state in another is of vital importance for the functioning of society
More informationSocial Media and the Protection of Privacy Jan von Hein
European Data Science Conference Luxembourg, 7-8 November 2016 Social Media and the Protection of Privacy Jan von Hein Albert-Ludwigs-Universität Freiburg Overview I. Introduction II. The Object(s) of
More informationUniversity of Oslo Spring 2019 International Commercial Law
University of Oslo Spring 2019 International Commercial Law Choice of governing law Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University Conflict of laws International transactions: Between
More informationARMCO v North Atlantic Insurance Co Donohue v ARMCO Deutsche Bank AG v Highland Crusader Offshore Partners LP... 28
INTERNATIONAL FINANCE: SPRING 2011 MATERIALS CHAPTER 5: INTERNATIONAL SYNDICATED LOAN AGREEMENTS 3: GOVERNING LAW AND CHOICE OF JURISDICTION Caroline Bradley 1 ARMCO v North Atlantic Insurance Co......................................
More informationRome II and Intellectual Property Infringement
Rome II and Intellectual Property Infringement Dr. Kyung-Han Sohn* I. Introduction In 1968, the European Economic Community has set a Convention on Jurisdiction and the Recognition and Enforcement of Judgments
More informationScottish Universities Legal Network on Europe
Scottish Universities Legal Network on Europe INTERNATIONAL PRIVATE LAW: FAMILY LAW Written by Professor J M Carruthers, University of Glasgow Professor E B Crawford, University of Glasgow. Contact: Janeen.Carruthers@gla.ac.uk
More informationHow widespread is its use in competition cases and in what type of disputes is it used? Euro-defence and/or claim for damages?
IBA PRIVATE ENFORCEMENT - ARBITRATION (i) Role of arbitration in the enforcement of EC competition law Commercial contracts frequently refer disputes to be determined and settled by arbitration. This is
More informationOut-of-court dispute settlement systems for e-commerce
1 Out-of-court dispute settlement systems for e-commerce Report on legal issues Part IV: Arbitration 31 st October 2000 2 Title: Out-of-court dispute settlement systems for e- commerce. Report on legal
More information14284/16 PL/mz 1 DG B 1C
Council of the European Union Brussels, 22 November 2016 (OR. en) Interinstitutional File: 2008/0140 (CNS) 14284/16 REPORT From: To: Presidency SOC 687 ANTIDISCRIM 66 JAI 929 MI 701 FREMP 182 Permanent
More informationSpecial Commission on the Recognition and Enforcement of Foreign Judgments (24-29 May 2018)
Special Commission on the Recognition and Enforcement of Foreign Judgments (24-29 May 2018) 2018 DRAFT CONVENTION* *This document reproduces the text set out in Working Document No 262 REV 2 CHAPTER I
More informationChapter 2 Some Private International Law Issues
Chapter 2 Some Private International Law Issues Guillermo Palao Moreno Abstract The Draft CESL is not only intended to cover intra-european transactions, but will also be applicable to contracts linked
More informationProposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
EUROPEAN COMMISSION Brussels, 26.7.2013 COM(2013) 554 final 2013/0268 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 1215/2012 on jurisdiction
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES GREEN PAPER
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 14.1.2003 COM(2002) 654 final GREEN PAPER on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community
More informationPosition of the Bundesrechtsanwaltskammer (The German Federal Bar)
Position of the Bundesrechtsanwaltskammer (The German Federal Bar) on the Green Paper of the Commission of the European Communities Review of the Consumer Acquis, COM(2006)744 drafted by the Bundesrechtsanwaltskammer
More informationSUMMARY OF THE IMPACT ASSESSMENT
EUROPEAN COMMISSION Brussels, 14.12.2010 SEC(2010) 1548 final COMMISSION STAFF WORKING PAPER SUMMARY OF THE IMPACT ASSESSMT Accompanying document to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMT
More informationCHAPTER 8 INTERNATIONAL CONVENTIONS ON E-CONTRACTS
CHAPTER 8 INTERNATIONAL CONVENTIONS ON E-CONTRACTS 8.1. INTRODCUTORY As it is known to everyone that modern international law is part of European legal system. Time and again it has developed in broader
More informationThe Landmark 2005 Hague Convention on Choice of Court Agreements
The Landmark 2005 Hague Convention on Choice of Court Agreements VED P. NANDA SUMMARY I. INTRODUCTION...774 II. SCOPE OF THE CONVENTION...777 III. JURISDICTION...780 IV. RECOGNITION AND ENFORCEMENT...782
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 03.03.2003 SEC(2002) 1308 final/2 2002/0312(ACC) CORRIGENDUM Annule et remplace les 11 versions du doc. SEC(2002)1308 final du 17.12.2002 (document RESTREINT
More informationPrivate International Law Act
Issuer: Riigikogu Type: act In force from: 20.03.2016 In force until: 05.07.2017 Translation published: 14.03.2016 Amended by the following acts Passed 27.03.2002 RT I 2002, 35, 217 Entry into force 01.07.2002
More informationVorlesung / Course Introduction to Comparative Law Einführung in die Rechtsvergleichung
Prof. Dr. Alexander Trunk Vorlesung / Course Introduction to Comparative Law Einführung in die Rechtsvergleichung Winter term (WS) 2018-2019 http://www.eastlaw.uni-kiel.de Tasks of comparative law (repetition)
More informationA practical guide, with ICC model contracts
THIRD EDITION Drafting and Negotiating International Commercial Contracts A practical guide, with ICC model contracts by Fabio Bortolotti Drafting and Negotiating International Commercial Contracts A practical
More informationEuropean Securities Markets Expert Group - ESME March 2008 REGULATION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I)
European Securities Markets Expert Group - ESME March 2008 REGULATION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS (ROME I) INTRODUCTION At the end of 2007 the Council and the European Parliament agreed
More informationReports of Cases. JUDGMENT OF THE COURT (Second Chamber) 7 July 2016 *
Reports of Cases JUDGMENT OF THE COURT (Second Chamber) 7 July 2016 * (Reference for a preliminary ruling Jurisdiction clause Judicial cooperation in civil matters Jurisdiction and the enforcement of judgments
More informationClient Alert. Rome II and the Law Applicable to Non-Contractual Obligations. Introduction
Number 789 20 January 2009 Client Alert Latham & Watkins Litigation Department Rome II and the Law Applicable to Non-Contractual Obligations Rome II will enable parties doing business across borders to
More informationCOMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 6.3.2007 COM(2007) 90 final 2007/0037 (COD) C6-0086/07 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation No 11
More informationValencia / Spain October 28 November 1, 2015 PRIVATE INTERNATIONAL LAW. Saturday, October 31, 2015 FORUM SELECTION CLAUSES IN INTERNATIONAL CONTRACTS
59 th UIA CONGRESS Valencia / Spain October 28 November 1, 2015 PRIVATE INTERNATIONAL LAW Saturday, October 31, 2015 FORUM SELECTION CLAUSES IN INTERNATIONAL CONTRACTS VALIDITY REQUIREMENTS OF JURISDICTION
More informationAn overview of the Hungarian PIL Codification: Law Governing Torts SAROLTA SZABÓ
An overview of the Hungarian PIL Codification: Law Governing Torts SAROLTA SZABÓ I. Introduction In Volume 2 of his work Private International Law Ernst Rabel refers to the lex loci delicti commissi, developed
More informationSTATEMENT OF THE COUNCIL'S REASONS
COUNCIL OF THE EUROPEAN UNION Brussels, 5 December 2003 (OR. fr) Interinstitutional File: 2001/0111 (COD) 13263/3/03 REV 3 ADD 1 MI 235 JAI 285 SOC 385 CODEC 1308 OC 616 STATEMT OF THE COUNCIL'S REASONS
More informationReports of Cases. JUDGMENT OF THE COURT (Third Chamber) 17 October 2013 *
Reports of Cases JUDGMENT OF THE COURT (Third Chamber) 17 October 2013 * (Rome Convention on the law applicable to contractual obligations Articles 3 and 7(2) Freedom of choice of the parties Limits Mandatory
More informationA Basic Introduction to the 2005 Hague Choice of Court Convention
part one A Basic Introduction to the 2005 Hague Choice of Court Convention chapter 1 The Context and History of the Hague Negotiations I. INTRODUCTION The Hague Convention on Choice of Court Agreements
More informationDRAFT OF THE NEW PRIVATE INTERNATIONAL LAW ACT OF THE REPUBLIC OF SERBIA
DRAFT OF THE NEW PRIVATE INTERNATIONAL LAW ACT OF THE REPUBLIC OF SERBIA PART I - GENERAL PART CHAPTER I INTRODUCTORY PROVISIONS Article 1 Scope Article 2 Primacy of international treaties Article 3 Characterization
More informationJAN RAMBERG. Methodology of the unification of commercial law in the 2000 s
JAN RAMBERG Methodology of the unification of commercial law in the 2000 s RGSL WORKING PAPERS NR.2 RIGA 2001 2 Riga Graduate School of Law (RGSL) is a not-for-profit, limited liability company founded
More information(ROME I) ROME REGULATION ON THE APPLICABLE LAW TO CONTRACTUAL OBLIGATIONS
1 This project is co-financed by the European Union (ROME I) ROME REGULATION ON THE APPLICABLE LAW TO CONTRACTUAL OBLIGATIONS REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of
More informationContents Preface Table of Cases Table of Legislation Table of Conventions, Treaties, etc vii xv xxv xxxix 1 Introduction 1 1.1 The Concept, Nature and Development of Private International Law 1 1.2 Sources
More informationCross Border Contracts and Dispute Settlement
Cross Border Contracts and Dispute Settlement Professor Dr. Dr. h.c. mult. Helmut Rüßmann Former Judge at the Saarland Court of Appeals Cross Border Contract of Sale Buyer France Claim for Payment Germany
More informationEUROPEAN DATA PROTECTION SUPERVISOR
C 313/26 20.12.2006 EUROPEAN DATA PROTECTION SUPERVISOR Opinion of the European Data Protection Supervisor on the Proposal for a Council Framework Decision on the organisation and content of the exchange
More informationSpecial Commission on the Recognition and Enforcement of Foreign Judgments (13-17 November 2017)
Special Commission on the Recognition and Enforcement of Foreign Judgments (13-17 November 2017) NOVEMBER 2017 DRAFT CONVENTION* *This document reproduces the text set out in Working Document No 236 E
More informationThe Brussels/Lugano Lis Pendens Rule and the Italian Torpedo
The Brussels/Lugano Lis Pendens Rule and the Italian Torpedo Michael Bogdan 1 The Brussels/Lugano System... 90 2 The Rule on Lis Pendens..... 91 3 The Principle of Mutual Trust and the Italian Torpedo..
More informationThe United Nations Convention on Contracts for the International Sale of Goods (CISG)
Rechtswissenschaftliche Fakultät Institut für Zivilrecht Wintersemester 2017 KU UN-Kaufrecht Uniform Sales Law The United Nations Convention on Contracts for the International Sale of Goods (CISG) José
More informationLitigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights
Pace International Law Review Volume 19 Issue 1 Spring 2007 Article 4 April 2007 Litigation or Arbitration? The Influence of the Dispute Resolution Procedure on Substantive Rights Roy Goode Follow this
More informationconsumer confidence and enable consumers to make the most of the internal market;
L 171/12 DIRECTIVE 1999/44/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees THE EUROPEAN PARLIAMENT AND THE COUNCIL
More information