RATIONALE AND APPLICATION OF ARTICLE 4(1)(h) OF ROME I REGULATION
|
|
- Amie Carroll
- 5 years ago
- Views:
Transcription
1 RATIONALE AND APPLICATION OF ARTICLE 4(1)(h) OF ROME I REGULATION Caroline Kleine Oslo, 4 May 2018
2 2 (Rome I) Article 4 (1) (h) Applicable law in the absence of choice 1.Totheextentthatthelawapplicabletothecontracthasnotbeen chosen in accordance with Article 3 and without prejudice to Articles 5 to 8, the law governing the contract shall be determined as follows: (h) a contract concluded within a multilateral system which brings together or facilitates the bringing together of multiple third party buying and selling interests in financial instruments, as defined by Article 4(1), point (17) of Directive 2004/39/EC, in accordance with non discretionary rules and governed by a single law, shall be governed by that law.
3 What is a multilateral system? II. Les clauses monétaires MiFID II, art. 4 1 (19): multilateral system means any system or facility in which multiple third party buying and selling trading interests in financial instruments are able to interact in the system Multilateral systems are MTFs (Multitrade Facilites) or OTFs or (Organised Trade Facilities) regulated markets. 3 operated and/or managed by: an investment firm or a market operator
4 What are financial instruments? II. Les clauses monétaires No definition in Rome I Regulation But a list section C of MiFID II) 4
5 The Context Travaux préparatoires 2005: No mention at all in the initial proposition of the Commission 2006 : reference is made to contracts within financial markets 2007: technical word multilateral systems is preferred Other international instruments: The 2006 Hague Convention on Certain Rights in Respect of Securities held with an Intermediary Unidroit Convention on Substantive Rules For Intermediated Securities (The Geneva Convention adopted in 2009)
6 The Rationale One market one law Same law applicable to all participants, to all transactions, irrespective of habitual residence of the parties Coincides with law applied by the national financial authorities regulating the markets locally) ( organizational law as opposed to transactional law )
7 Application How does the conflict of law rule operate? Connecting factor: contract concluded within. governed by the law that governs that market Determined by another instrument Which contracts? All types of contracts, except for contracts for the provision of services between a financial intermediary and a client.
8 Is Art. 4(1)(h) really necessary? Contracts concluded within multilateral systems governed by: Operator s Rules (e.g. Euronext s Rule Book : 1.7. GOVERNING LAW 1701 All provisions in this Rule Book in respect of orders and/or Transactions executed, deemed to be executed or entered into on the respective Euronext Market and all matters related thereto and, subject to Rule 1702, all other provisions of the Rule Book shall be governed by and construed: (i) in respect of Euronext Amsterdam, in accordance with the laws of the Netherlands and, without prejudice to any agreement to go to arbitration, shall be subject to the exclusive jurisdiction of the Dutch courts; (ii) in respect of Euronext Brussels, in accordance with the laws of Belgium and, without prejudice to any agreement to go to arbitration, shall be subject to the exclusive jurisdiction of the Belgian courts; ( ) National Financial Authority Regulation (e.g. Règlement general de l Autorité des marches financiers National Legislation (e.g. Code monétaire et financier)
9 The missing rule... in Rome II A conflict of law rule relating to financial tort Given the uncertainty of the localization of the event giving rise to the damage for the application of art. 7(2) Brussels I Recast Regulation (art. 5(3) Brussels I Regulation) and the Lugano Convention (ECJ Case law: Marinari/ Kronhofer/ Kolassa/Universal Music) A specific conflict of law rule for financial tort should be envisaged
10 Takk!
Cross-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 informationBrexit - impact on governing law and dispute resolution. Jef Swinnen Rachid El Abr 1
Brexit - impact on governing law and dispute resolution Jef Swinnen Rachid El Abr 1 In short Scope Legal instruments Major impact in practice? Applicable law EU Rome I and Rome II Regulations LIMITED Arbitration
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 informationProviding a crossborder. cooperation framework A FUTURE PARTNERSHIP PAPER
Providing a crossborder civil judicial cooperation framework A FUTURE PARTNERSHIP PAPER The United Kingdom wants to build a new, deep and special partnership with the European Union. This paper is part
More informationThe UK s proposals on post-brexit civil judicial co-operation common sense prevails
Brexit Law your business, the EU and the way ahead The UK s proposals on post-brexit civil judicial co-operation common sense prevails September 2017 Introduction The UK Government had a busy summer Parliamentary
More informationOfficial Journal of the European Union. (Legislative acts) DIRECTIVES
28.5.2014 L 159/1 I (Legislative acts) DIRECTIVES DIRECTIVE 2014/60/EU OF THE EUROPEAN PARLIAMT AND OF THE COUNCIL of 15 May 2014 on the return of cultural objects unlawfully removed from the territory
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 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 information1 APRIL Law on Takeover Bids
1 APRIL 2007 Law on Takeover Bids (Belgian Official Gazette, 26 April 2007) (Unofficial consolidated text) Last update: Law of 17 July 2013 (Belgian Official Gazette, 6 August 2013) This unofficial consolidated
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 informationTHE ACTUAL APPLICATION OF THE NEW RULE CHOICE OF FORUM AGREEMENTS IN GENERAL CONDITIONS OF SALE
THE ACTUAL APPLICATION OF THE NEW RULE CHOICE OF FORUM AGREEMENTS IN GENERAL CONDITIONS OF SALE Porto Conference 20 June 2015 Prof. J.-P. Vulliéty Lalive, Geneva Case 1: What will the German Court do?
More informationDisclaimer This text is an unofficial translation and may not be used as a basis for solving any dispute
Disclaimer This text is an unofficial translation and may not be used as a basis for solving any dispute Law of 2 May 2007 on disclosure of major holdings in issuers whose shares are admitted to trading
More informationJurisdiction and applicable law for Consumers contracts: Spain
Jurisdiction and applicable law for Consumers contracts: Spain JURISDICTION A)INTERNATIONAL PERSPECTIVE I) Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and
More informationREGULATION (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 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 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 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 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 informationNote on the relationship between the future Hague Judgments Convention and regional arrangements, in particular the Brussels and Lugano instruments
ANNEX D February 2001 Note on the relationship between the future Hague Judgments Convention and regional arrangements, in particular the Brussels and Lugano instruments drawn up by the Permanent Bureau
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 information2 August Law of 2 August 2002 on the supervision of the financial sector and on financial services
2 August 2002 Law of 2 August 2002 on the supervision of the financial sector and on financial services (Belgisch Staatsblad/Moniteur belge [Belgian Official Gazette], 4 September 2002) (Unofficial consolidation)
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 informationGuidelines On the application of C6 and C7 of Annex 1 of MiFID II
Guidelines On the application of C6 and C7 of Annex 1 of MiFID II 21 December 2018 ESMA-70-156-869 Table of Contents I. Scope... 3 II. Legislative references and abbreviations... 3 III. Purpose... 4 IV.
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 informationInternational Employment Law Issues, Wage and Hour Claims and the Differentiation of Employees and Independent Contractors
International Employment Law Issues, Wage and Hour Claims and the Differentiation of Employees and Independent Contractors Germany Anke Kuhn CMS Hasche Sigle Krankhaus 1, Im Zollhafen 18 50678 Köln Tel:
More informationSelection Of English Governing Law, Jurisdiction Post-Brexit
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Selection Of English Governing Law, Jurisdiction
More informationRegulation (No) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
Regulation (No) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters Ph D Judge Diana Ungureanu, NIM Trainer Bucharest, 14-15 November 2013 1 Introduction.
More informationThe Unamar case: what is the actual meaning of the decision of the ECJ?
The Unamar case: what is the actual meaning of the decision of the ECJ? Pascal HOLLANDER Hanotiau & van den Berg (Brussels) IDI Annual Conference Torino 14 June 2014 Background: Rome Convention (+ Rome
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 informationTHE REVISED LUGANO CONVENTION: Consumer Contracts, Place of Jurisdiction and Applicable Law in Italy
THE REVISED LUGANO CONVENTION: Consumer Contracts, Place of Jurisdiction and Applicable Law in Italy Eurojuris IBG Event September 6, 2013 Basel, Switzerland Lorenzo Bacciardi, LL.M. Chairman of the Eurojuris
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 informationCLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP
CLIFFORD CHANCE LIMITED LIABILITY PARTNERSHIP SCXP/C1458/04790/HNM 16 February 2000 The Bond Market Association 40 Broad Street New York NY 10004-2373 USA Dear Sirs Cross-Product Master Agreement 1. INTRODUCTION
More informationContents. v vii ix xx vii xxix xxxi xli xlviii liv lv
Contents Foreword Acknowledgments Glossary Introduction Table of Authors Table of Cases Table of Legislation Table of Conventions Table of CMI Conferences Table of Conventions Travaux Preparatoires v vii
More informationAnti-suit injunctions in protection of arbitral proceedings: useful weapon or disruptive nuisance
Anti-suit injunctions in protection of arbitral proceedings: useful weapon or disruptive nuisance ASA Below 40 Seminar: Court assistance in international arbitration how to use it wisely and efficiently
More informationCOMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
EUROPEAN COMMISSION Brussels, 12.3.2018 COM(2018) 89 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE
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 informationBrexit English law and the English Courts
Brexit Law your business, the EU and the way ahead Brexit English law and the English Courts Introduction June 2018 One of the key questions that commercial parties continue to raise in relation to Brexit,
More informationPRIVATE INTERNATIONAL LAW LECTURE TWO. Introduction to the Law of International Sales of Goods
PRIVATE INTERNATIONAL LAW LECTURE TWO Introduction to the Law of International Sales of Goods INTERNATIONAL CONVENTIONS GOVERNING INTERNATIONAL TRADE AGREEMENTS There are very large number of public international
More informationBrexit Essentials: Update on dispute resolution clauses
Brexit Essentials: Update on dispute resolution clauses September 2017 This briefing is an update to our paper of November 2016. At that time we were guardedly optimistic about the prospects of preserving
More informationProcedural Decisions in ICC Arbitration
Procedural Decisions in ICC Arbitration Recourse to Experts ICC Case 13490 Date of procedural order: July 2006, Middle East method of selection definition of mission powers duties deadline for submission
More informationThe Impact of the CDC Hydrogen Peroxide Judgment on Present and Future Arbitration Agreements
The Impact of the CDC Hydrogen Peroxide Judgment on Present and Future Arbitration Agreements Pascal HOLLANDER HANOTIAU & VAN DEN BERG Brussels SCC-CEA Joint Conference Stockholm 28 April 2017 CONTEXT:
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 informationOPINION OF ADVOCATE GENERAL TIZZANO delivered on 18 April
OPINION OF MR TIZZANO CASE C-271/00 OPINION OF ADVOCATE GENERAL TIZZANO delivered on 18 April 2002 1 1. By order of 27 June 2000, the Hof van Beroep te Antwerpen (Belgium) (hereinafter 'the Court of Appeal
More informationBRITAIN S BARGAINING STRENGTH REGARDING POST-BREXIT JURISDICTION ARRANGEMENTS. David Wolfson Q.C. Society of Conservative Lawyers
BRITAIN S BARGAINING STRENGTH REGARDING POST-BREXIT JURISDICTION ARRANGEMENTS David Wolfson Q.C. Society of Conservative Lawyers FOREWORD In August 2017 the UK Government proposed an agreement with the
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 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 informationREPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE
EUROPEAN COMMISSION Brussels, 23.2.2012 COM(2012) 71 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Directive
More informationIPPT , CJEU, Brite Strike. Court of Justice EU, 14 July 2016, Brite Strike
Court of Justice EU, 14 July 2016, Brite Strike TRADEMARK LAW - LITIGATION Rule of jurisdiction of article 4.6 BCIP (court of the place of registration) as a special rule of jurisdiction is allowed under
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 informationEnglish jurisdiction clauses should commercial parties change their approach?
Brexit legal consequences for commercial parties English jurisdiction clauses should commercial parties change their approach? February 2016 Issue in focus In our first Specialist paper on the legal consequences
More informationBREXIT CLIENT CALL NO 2: SHOULD BREXIT AFFECT THE POPULARITY OF ENGLISH GOVERNING LAW AND JURISDICTION CLAUSES?
Brexit Law your business, the EU and the way forward BREXIT CLIENT CALL NO 2: SHOULD BREXIT AFFECT THE POPULARITY OF ENGLISH GOVERNING LAW AND JURISDICTION CLAUSES? Overview July 2016 Led by Philip Wood
More informationPRACTICAL LAW DISPUTE RESOLUTION VOLUME 1 MULTI-JURISDICTIONAL GUIDE 2012/13. The law and leading lawyers worldwide
PRACTICAL LAW MULTI-JURISDICTIONAL GUIDE 2012/13 VOLUME 1 The law and leading lawyers worldwide Essential legal questions answered in 32 key jurisdictions Rankings and recommended lawyers in 90 jurisdictions
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 informationCase No: FL IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMMERCIAL COURT (QBD) FINANCIAL LIST.
Neutral Citation Number: [2017] EWHC 3512 (Comm) Case No: FL-2017-000013 IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMMERCIAL COURT (QBD) FINANCIAL LIST Royal Courts
More informationA comparison between the jurisdictional rules in the EU and the US in the light of the Arrest Convention and the possibility to shop for forum
School of Economics and Commercial Law Göteborg University Department of Law Dissertation, 20 credits A comparison between the jurisdictional rules in the EU and the US in the light of the Arrest Convention
More informationCONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS The States signatory to this Convention, (Concluded 2 October 1973) Desiring to establish common provisions
More information21. CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS 1. (Concluded 2 October 1973)
21. CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS 1 (Concluded 2 October 1973) The States signatory to this Convention, Desiring to facilitate the international
More informationELA ARBITRATION AND ADR GROUP. Issues arising from Brussels I Recast and Rome I
ELA ARBITRATION AND ADR GROUP Issues arising from Brussels I Recast and Rome I Question 1 Arbitration and Brussels I Recast: Do we agree that that arbitration is outside Brussels I and that the Regulations
More informationCONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (Concluded February 1st, 1971)
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (Concluded February 1st, 1971) The States signatory to the present Convention, Desiring to establish common
More informationWe would like to inform you that we have included you on this insider list.
Inclusion on insider list - information in accordance with Article 18(2) of Regulation (EU) No 596/2014 of the European Parliament and of the Council on market abuse (Market Abuse Regulation MAR) Dear
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 informationThe European succession regulation Brussels IV
The European succession regulation Brussels IV Edward Reed, Macfarlanes LLP 25 November 2017 macfarlanes.com Pre-ESR succession conflicts of law/p.i.l. rules Conflicts of law/p.i.l. issues jurisdiction
More informationAUDIT COMMITTEE CHARTER INFLARX N.V.
AUDIT COMMITTEE CHARTER INFLARX N.V. Article 1. INTRODUCTION 1.1. This charter, together with the relevant provisions of the Board Rules, govern the organisation, decision-making and other internal matters
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 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 informationRules of Procedure for the International Commercial Chambers of the Amsterdam District Court (NCC District Court) and the Amsterdam Court of Appeal
Rules of Procedure for the International Commercial Chambers of the Amsterdam District Court (NCC District Court) and the Amsterdam Court of Appeal (NCC Court of Appeal) NCC Rules / NCCR First edition
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 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 informationINSIDE ARBITRATION PERSPECTIVES ON CROSS-BORDER DISPUTES
INSIDE ARBITRATION PERSPECTIVES ON CROSS-BORDER DISPUTES IN THIS ISSUE 04 Interview with Incoming Secretary General of the HKIAC Sarah Grimmer 06 Arbitrating disputes under the ISDA Master Agreement Nick
More informationBrussels IIa calling... the 1996 Hague Convention answering
Planning the Future of Cross-Border Families: a Path Through Coordination EUFam s - JUST/2014/JCOO/AG/CIVI/7729 With financial support of the Civil Justice Programme of the European Commission Brussels
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 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 informationRajah & Tann LLP 30 May Professor Yeo Tiong Min, SMU School of Law
Rajah & Tann LLP 30 May 2011 Professor Yeo Tiong Min, SMU School of Law Effectiveness of Choice of Law Clause 1. Effectiveness depends on forum: choice of forum as essential 2. Effect of parties choice
More informationConvention on the Law Applicable to Contracts for the International Sale of Goods, The Hague [This Convention has not yet entered into force.
Convention on the Law Applicable to Contracts for the International Sale of Goods, The Hague 1986 - [This Convention has not yet entered into force.] Hague Conference on Private International Law Copyright
More informationJurisdiction, Choice of Law and Dispute Resolution in
Jurisdiction, Choice of Law and Dispute Resolution in International E-Commerce Boston Bar Association International Arbitration Committee Richard Johnston and Ken Slade Hale and Dorr LLP January 24, 2000
More informationBERLINGIERION ARREST OF SHIPS
BERLINGIERION ARREST OF SHIPS A COMMENTARY ON THE 1952 AND 1999 ARREST CONVENTIONS FIFTH EDITION BY FRANCESCO BERLINGIERI Former Professor of Maritime Law at the University of Genoa President ad Honorem,
More informationIntroduction... 1 The Meaning of Each Contracting Party Reserves the Right... 1 The Meaning of Third State in Article 17(1)... 3 Annex 1...
SERIES OF NOTES ON THE ENERGY CHARTER TREATY Note 5 12 March 2014 DENIAL OF BENEFITS UNDER THE ENERGY CHARTER TREATY Article 17(1) Introduction... 1 The Meaning of Each Contracting Party Reserves the Right...
More informationEnforcement of judgments in the EU. Ilse Couwenberg Judge of the Belgian Court of Cassation Member of the EJN
Enforcement of judgments in the EU Ilse Couwenberg Judge of the Belgian Court of Cassation Member of the EJN Introduction A Croatian creditor claims before the Croatian court payment of an invoice. The
More informationCONDITIONS DELEGATED REPORTING EMIR CLIENT REPORTING SERVICE AGREEMENT
INTRODUCTION CONDITIONS DELEGATED REPORTING EMIR CLIENT REPORTING SERVICE AGREEMENT (A) (B) (C) the Client and the Bank have entered into or may enter into one or more Transactions (as defined herein)
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 informationBoekel. The Legal 500 & The In-House Lawyer. Legal Briefing The Netherlands. The Legal 500. A few highlights: distribution agreements under Dutch law
Boekel The Legal 500 & The In-House Lawyer Legal Briefing The Netherlands The Legal 500 Lisette Bieleveld, Partner lisette.bieleveld@boekeldeneree.com Charlotte Pasteuning, Lawyer charlotte.pasteuning@boekeldeneree.co
More informationBULGARIA COMPARATIVE STUDY OF RESIDUAL JURISDICTION PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS
COMPARATIVE STUDY OF RESIDUAL JURISDICTION IN CIVIL AND COMMERCIAL DISPUTES IN THE EU NATIONAL REPORT FOR: BULGARIA PREPARED BY: SVELTIN PENKOV, MARKOV & PARTNERS 1 (A) General Structure of National Jurisdictional
More informationCONVENTION ON CHOICE OF COURT AGREEMENTS. (Concluded 30 June 2005)
CONVENTION ON CHOICE OF COURT AGREEMENTS (Concluded 30 June 2005) The States Parties to the present Convention, Desiring to promote international trade and investment through enhanced judicial co-operation,
More informationKhawar Qureshi QC EXCLUSIVE JURISDICTION CLAUSES IN COMMERCIAL CONTRACTS
kmqureshi@aol.com Khawar Qureshi QC EXCLUSIVE JURISDICTION CLAUSES IN COMMERCIAL CONTRACTS The Legal Regimes Regulation (EU) No 1215/2012 ( the Recast Regulation ) Regulation (EU) No 44/2001 ( the Brussels
More informationCORPORATE AND COMMERCIAL. Contending with Brexit Uncertainties Governing Law Clauses. by Jennifer McGuire, James Byrne
CORPORATE AND COMMERCIAL Contending with Brexit Uncertainties Governing Law Clauses by Jennifer McGuire, James Byrne Contending with Brexit Uncertainties Governing Law Clauses 23rd January 2017 by Jennifer
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 informationNew York State Bar Association International Section Seasonal Meeting 2014, Vienna, Austria
New York State Bar Association International Section Seasonal Meeting 2014, Vienna, Austria How Can a Company Grant Security in Shares of its Subsidiaries under the draft UNCITRAL Model Law on Secured
More informationBREXIT AND JURISDICTION CLAUSES: CHOICE OF ENGLISH LAW FOLLOWING THE EU REFERENDUM
: CHOICE OF ENGLISH LAW FOLLOWING THE EU REFERENDUM The choice of law to govern a contract will be unaffected by Brexit, if and when it occurs, but jurisdiction provisions may require consideration. But
More information30. CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION 1. (Concluded 1 July 1985)
30. CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION 1 (Concluded 1 July 1985) The States signatory to the present Convention, Considering that the trust, as developed in courts of equity
More informationThe Rules Protecting Commercial Agents in the European Directive and in the Laws of the Member States A General Overview
The Rules Protecting Commercial Agents in the European Directive and in the Laws of the Member States A General Overview Horst Becker Rechtsanwalt Munich, Germany The Rules Protecting Commercial Agents
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 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 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 THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION
Downloaded on January 03, 2019 CONVENTION ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION Region United Nations (UN) Subject Private International Law Sub Subject Type Conventions Reference Number
More informationProfessor Nigel Lowe and Victoria Stephens. To inform discussions of the Seventh Meeting of the Special Commission
The Seventh Meeting of the Special Commission on the Practical Operation of the 1980 Hague Child Abduction Convention and the 1996 Hague Child Protection Convention October 2017 Document Preliminary Document
More informationPRACTICE GUIDE FOR THE APPLICATION OF THE REGULATION ON THE TAKING OF EVIDENCE
PRACTICE GUIDE FOR THE APPLICATION OF THE REGULATION ON THE TAKING OF EVIDENCE (Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking
More information(Notices) NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES COUNCIL
23.12.2009 Official Journal of the European Union C 319/1 IV (Notices) NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES COUNCIL Convention on jurisdiction and the recognition and enforcement of judgments
More informationTERMS OF REFERENCE OF THE BOARD OF DIRECTORS OF lastminute.com N.V.
TERMS OF REFERENCE OF THE BOARD OF DIRECTORS OF lastminute.com N.V. 1. Scope and status 1.1. These terms of reference (the "Terms of Reference") set forth the regulations of the board of directors (the
More informationMyths of Brexit. Speech at Brexit Conference in Hong Kong. The Right Honourable Lord Justice Hamblen. 2 December 2017
Myths of Brexit Speech at Brexit Conference in Hong Kong The Right Honourable Lord Justice Hamblen 2 December 2017 This was a Conference organised by the Hong Kong Department of Justice entitled: Impact
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 information