Recueil des cours, Collected Courses, Tome 433

Erscheinungsjahr 2023
ISBN: 978-90-04-54469-7
Verlag: Brill Academic Publishers

Buch, Englisch, Band 433, 336 Seiten, Format (B × H): 155 mm x 235 mm, Gewicht: 636 g

Reihe: Collected Courses of The Hague Academy of International Law - Recueil des cours

Arthur Eyffinger, The Hague Academy at 100: Its Rationale, Role and Record (conférence ultra courte, pas de résumé)

Kartsten Thorn, The Protection of Small and Medium-sized Enterprises in Private International Law

Speaking about the protection of structurally weaker parties in private international law, this normally refers to non-business parties as consumers or employees. However, in many cases also entrepreneurs are protected. Well-known examples are the commercial agent under European law, the subcontractor in France and the franchisee in many US jurisdictions.

This paper systematizes these cases, looks for underlying policies and develops a proposal for future private international law rules with regard to small and medium sized enterprises (SMEs). It understands private international law in the broad French sense encompassing jurisdiction rules and even international commercial arbitration.

Methodologically, the interplay between substantive law, conflict of laws rules and jurisdiction rules for the protection of weaker parties in the context of different legal systems is shown and evaluated with special consideration of their internationally mandatory rules. Legal gaps to European Private International law are identified in comparison to foreign jurisdictions. Following an economic analysis, a new approach to the protection of SMEs is presented which also encompasses international commercial arbitration as an alternative method of dispute resolution.

Salim Moollan, Parallel Proceedings in International Arbitration

The issue of parallel proceedings in international arbitration has been a long-standing and classic problem within the field. Despite this, there have been major developments in practice since the last major academic analysis of the issue in 2006 by the International Law Association and by the Geneva Colloquium on Consolidation of Proceedings in Investment Arbitration, led by Professor Kaufmann-Kohler. With this in mind, now is an opportune moment to re-examine the issue through a fresh theoretical lens and renewed focus on finding practical solutions.

Autoren/Hrsg.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht

Inhaltsverzeichnis

Arthur Eyffinger, The Hague Academy at 100: Its Rationale, Role and Record

Chapter 1. The Concept and its Implementation

Chapter 2. The Two Pillars of the Law

Chapter 3. The History of the Academy in Three Stages

Chapter 4. The Subject Matter: Three Categories of Courses

Chapter 5. An Assessment

Selected Bibliography

Annex I. Curatorium Members: Country and Membership Period

Annex II. Curatorium Members: Membership of IDI, ILC, World Court and Published Courses

Annex III. The “Grand Slam” of the Academy: Auditor, Curatorium and Published Courses

Annex IV. World Court Judges: Years on The Curatorium and PCIJ/ICJ

Annex V. World Court Judges: Years on the Curatorium, IDI, PCIJ/ICJ and Published Courses

Annex VI. Involvement of Agents/Counsel Parties (1922-1939)

Annex VII. World Court Judges: Years on the ILC and PCIJ/ICJ.

Kartsten Thorn, The Protection of Small and Medium-sized Enterprises in Private International Law

Chapter I. Introduction

Chapter II. The protection of structurally weaker parties: the example of consumer contracts

Chapter III. Conflict of laws

Chapter IV. Jurisdiction rules

Chapter V. The entrepreneur as the weaker party

Chapter VI. Proposal for future rules to protect certain SMEs

Chapter VII. One step further: International commercial arbitration

Chapter VIII. Summary

Annex: List of judgments

Bibliography

Salim Moollan, Parallel Proceedings in International Arbitration

Introduction

Chapter I. Defining the subject: what are parallel proceedings in international

arbitration?

Chapter II. National courts versus international arbitration tribunals

Chapter III. Purely commercial disputes with no investment arbitraton

element

Chapter IV. Disputes with an investment arbitration element

Chapter V. Where to from here? The search for practical solutions

Über Autor(innen)

Arthur, Clément, Guillaume, Marie Eyffinger, born 10 October 1947 in The Hague, Dutch nationality.
Classical Philology, Latin and Greek at Leiden University (1967-1974). Postdoctoral Humanist Studies and Neo-Latinism at University of Amsterdam (1976-1981). PhD in Classical Philology at University of Amsterdam (1981). Researcher at Grotius Institute, Royal Netherlands Academy of Arts and Sciences
(1970-1985). Co-editor of The Poetry of Hugo Grotius series (1975-1980, 1981-1985). Co-founder of Grotiana Foundation, The Hague, and Secretary-General of the Board (1978-2000); Executive Editor of Grotiana NS journal (1980-200). Semester at Cambridge University (Clare Hall) in the capacity of editor of The Poetry of Hugo Grotius (1984). Deputy-Director of Peace Palace Library, The Hague (1986-1988). Secretary-General of Dutch Library Association (NVB) (1987-1996). Head Librarian at International Court of Justice; Curator of the Nuremberg Files (1988-2003). Chairman of Netherlands 17th C. Society (1989-1994). Founder/Director of Research Centre at Judicap (2003-2023). General Editor of Hebraic Political Studies (Jerusalem) with G. Schochet (Washington, DC) (2005-2010).

Karsten Thorn, born in 1963 in Trier, Germany.
Professor Thorn holds the Chair for Civil Law, Private International and International Commercial Law, and Comparative Law at Bucerius Law School.
From June 2014 through September 2015, he was also acting Dean.
He teaches and researches private international law, international commercial law and conflict of laws.
Prof Thorn studied law at the universities of Trier and Georgetown, Washington DC (US). He specialised in international private law and comparative law. He was a teaching and research assistant, postdoctoral research associate and lecturer during the Chair of Professor Dr Bernd von Hoffmann. He also taught as a guest lecturer at the universities of Orléans and Metz in France.
From 2005 through 2009, he was the German director of the programme of the Summer Law Institute in Souzhou, China, and from 2007, a lecturer within a cooperation framework of Chinese legal training, including with the China European International Business School in Shanghai and the Chinese Academy of Social Sciences in Beijing, as well as the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) in Berlin. In 2009 and 2010, he was a guest lecturer at the Centre for Transnational Legal Studies in London. Also in 2010, he was at The Hague Academy of International Law as Director of Studies in the Session of Private International Law for the Diploma Seminars 2010.
Among other academic or professional associations, Prof Thorn is a regional chair of the German-American Lawyers Association and a member of the German Council of International Private Law (both Commissions). In 2023, he was elected to the Board of Directors of the German Society of International Law.
In addition, he is the author and editor of numerous publications, notably a commentary on international private law within C. Grüneberg’s main commentary on the German Civil Code (Bürgerliches Gesetzbuch). He is also the co-editor of the Praxis des Internationalen Privat- und Verfahrensrechts (IPRax), one of the most distinguished German law journals on conflict of laws.

Salim Abdool Hamid Moollan KC, born 26 July 1971, in Moka (Mauritius), Mauritian, French and British nationalities.
Lycée Labourdonnais, Mauritius (1981-1988), French Baccalauréat, Mathematics and Physics, mention Très Bien avec les Félicitations du Jury, Lycée Louis-le-Grand, Paris (1988-1990), classes préparatoires aux Grandes Écoles scientifiques, Ecole Polytechnique, Paris (1990-1993), Diplôme de l’Ecole Polytechnique, Advanced Mathematics and Physics, Institut d’Etudes Politiques de Paris (Sciences-Po) (1993-1995), Political Science and Economics degree, Downing College, Cambridge (1995-1997), BA (Law), First Class Honours in Part I and Part II (MA: 2001), Harris Scholarship, Senior Harris Scholarship, Inns of Court School of Law, London (1997-1998), Bar Vocational Course, Middle Temple’s Queen Mother Scholarship.
Called to the Bars of England and Wales and Mauritius (1998), Queen’s Counsel (2016), King’s Counsel (2022).
Representative of Mauritius at the United Nations Commission on International Trade Law (“UNCITRAL”) since 2006; past Chairman and Vice-Chairman of
UNCITRAL and past chairman of its Working Group II (Arbitration); Vice-President of the International Court of Arbitration of the International Chamber of
Commerce (“ICC”) (2009-2015); Past member of the Court of the London Court of International Arbitration (“LCIA”); Visiting Professor (International Arbitration Law), King’s College, University of London; Member of the World Bank’s International Centre for Settlement of Investment Disputes (“ICSID”) Panels of arbitrators and conciliators; Member of the UK’s Department for Business, Innovations and Skills’ ad hoc advisory group on international arbitration; Editor, Arbitration International; Membre du Comité de Lecture, Revue de l’Arbitrage; Past member of the Editorial Board of the ICSID Review.
Member of the Comité Français de l’Arbitrage, the Commercial Bar Association, the Institut pour l’Arbitrage International, the LCIA, the London Common Law and Commercial Bar Association and the ICC UK Arbitration Committee.