EU-PIL: European Union Private International Law in Contract and Tort

Erscheinungsjahr 2009
ISBN: 978-1-933833-25-5
Verlag: Juris

Buch, Englisch, 200 Seiten

Experienced practitioners in Europe realise the increasing commercial significance of the discipline known as Private International Law (Conflict of Laws).

As indicated by its title, the focus of this book is on the Private International Law rules applied by courts and arbitral tribunals in the European Union, but by including numerous concrete examples, the authors emphasise the interdisciplinary nature of the subject and thus the many relevant ‘connections’ between private international law and substantive commercial law, especially as regards contractual and delictual matters (e.g.) in cases concerning contracts for the international sale of goods, cross-border claims relating to product liability, etc.

Autoren/Hrsg.

Lookofsky, Joseph

Hertz, Ketilbjørn

Inhaltsverzeichnis

Preface to the First Edition (2009)
Chapter 1. Introduction and Overview
1.1. General Introduction
1.2. Sources of Private and of Private International Law
1.3. Overview: Jurisdiction, Choice of Law, Enforcement
1.4. PIL Methodology
1.4.1. Rules and Issues, Connecting Factors, Characterisation
1.4.2. Dépeçage
1.4.3. Renvoi
1.5. Recurring PIL Themes
Chapter 2. Jurisdiction
2.1. Introduction
2.1.1. Jurisdiction to Adjudicate
2.1.2. Bases of Jurisdiction: a Survey of European Law
2.2. The Brussels I Regulation
2.2.1. Regulation Overview
2.2.2. Jurisdiction in Contract Cases
2.2.3. Jurisdiction in Tort
Chapter 3. The Applicable Law in Contract
3.1. General Introduction
3.2. The Rome Convention and the Rome I Regulation
3.2.1. Introduction
3.2.2. Field of Application
3.2.3. Party Autonomy
3.2.4. Supplementary Rules in the Absence of Choice
3.2.5. Mandatory Rules and Public Policy
3.3. Sales Law Conflicts and Harmonisation: the 1955 Hague Convention and the 1980 Vienna Convention (CISG)
3.3.1. Introduction
3.3.2. The 1955 Hague Convention on the Law Applicable to International Sales
3.3.3. The 1980 Vienna Convention: Article 1 of the CISG
3.3.4. The Revised (1986) Hague Convention on the Law Applicable to Sales
Chapter 4. The Applicable Law in Tort
4.1. Introduction
4.1.1. From National Law to the Rome II Regulation
4.1.2. Torts Conflicts under European National Law
4.2. Rome II Regulation: Scope and General Introduction
4.3. General Regulation Rule – Lex Loci Damni
4.4. Product Liability
Chapter 5. Recognition and Enforcement of Foreign Judgments
5.1. General Introduction
5.2. Enforcement under European Law
5.2.1. Enforcement under National Law
5.2.2. Enforcement under the Brussels I Regulation
5.2.3. Enforcement under other EU Regulations
5.3. Hague Convention on Choice of Court Agreements
Chapter 6. International Commercial Arbitration
6.1. Introduction
6.2. Applicable Laws
6.2.1. Lex Arbitri and the UNCITRAL Model Law
6.2.2. From Procedure to Substance: Conflicts, Lex Mercatoria, etc.
6.2.3. Institutional Arbitration
6.2.4. Choosing the Applicable Substantive Law
6.3. Enforcement of Arbitral Agreements
6.3.1. Introduction and Overview
6.3.2. Contract Formation, Interpretation and Validity
6.3.3. Interim Measures
6.4. Post-Award Enforcement
6.4.1. Introduction
6.4.2. Judicial Review in the Country of Origin
6.4.3. Recognition and Enforcement of Foreign Awards
Table of Authorities
Table of Abbreviations
Table of Cases
Index

Über Autor(innen)

Professor Lookofsky is a native of New York, USA, where he studied American law and became a member of the New York State Bar. He began his professional career as in-house legal counsel for United Artists Corporation. He came to Denmark in 1973, studied Danish law, and joined the University Law Faculty in 1981. His principal research to date is in the area of Contractual Obligations, Sales, Comparative Law and Private International Law.

Ketilbjørn Hertz is Legal Advisor with the Ministry of Justice, Denmark. He received degrees from the University of Copenhagen, cand.jur. in 1993 and Ph.D. in law in 1998. In 2007 he completed the Cycle international court at the Ecole nationale d' administration in Strasbourg, France.