Yearbook of Private International Law, Vol. XIII (2011)

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The latest issue of the Yearbook of Private International Law (Volume XIII – 2011) has recently been published. Edited by  Andrea Bonomi, Professor at the University of Lausanne, and Gian Paolo Romano, Professor at the University of Geneva, the volume focuses, among others, on recent developments in European private international law.

The official announcement reads as follows:

The current volume of the “Yearbook of Private International Law” includes three special sections: The first one is devoted to the recent European developments in the area of family law like the proposal on the matrimonial property régimes in its relation with other EU instruments, such as Brussels IIbis or Rome III. Another special section deals with the very hotly debated question of the treatment of and access to foreign law. The third one presents some recent reforms of national Private International Law systems. National reports and court decisions complete the book.

Recent highlights include:

  • multiple nationalities in EU Private International Law
  • the European Court of Human Rights and Private International Law
  • parallel litigation in Europe and the US
  • arbitration and the powers of English courts
  • conflict of laws in emission trading
  • res judicata effects of arbitral awards

The Yearbook includes the following contributions:

Doctrine

  • Stefania Bariatti, Multiple Nationalities and EU Private International Law – Many Questions and Some Tentative Answers     
  • George A. Bermann, Parallel Litigation: Is Convergence Possible?
  • Patrick Kinsch, Private International Law Topics Before the European Court of Human Rights – Selected Judgments and Decisions (2010-2011)     
  • Jonathan Hill, The Powers of the English Court to Support an Arbitration in “Foreign Seat” and “No Seat” Cases
  • Christa Roodt, Border Skirmishes between Courts and Arbitral Tribunals in the EU: Finality in Conflicts of Competence
  • Koji Takahashi, Conflict of Laws in Emissions Trading
  • Thomas Kadner Graziano, The CISG Before the Courts of Non-Contracting States? Take Foreign Sales Law as You Find It 

European Family Private International Law

  • Cristina González Beilfuss, The Proposal for a Council Regulation on the Property Consequences of Registered Partnerships     
  • Ilaria Viarengo, The EU Proposal on Matrimonial Property Regimes – Some General Remarks     
  • Andrea Bonomi, The Interaction among the Future EU Instruments on Matrimonial Property, Registered Partnerships and Successions
  • Beatriz Campuzano Díaz, The Coordination of the EU Regulations on Divorce and Legal Separation with the Proposal on Matrimonial Property Regimes 
  • Simone Marinai, Matrimonial Matters and the Harmonization of Conflict of Laws: A Way to Reduce the Role of Public Policy as a Ground for Non-Recognition of Judgments 

Application of Foreign Law

  • Carlos Esplugues Mota, Harmonization of Private International Law in Europe and Application of Foreign Law: The “Madrid Principles” of 2010     
  • Shaheeza Lalani, A Proposed Model to Facilitate Access to Foreign Law     

News from Brussels

  • Mel Kenny / Lorna Gillies / James Devenney, The EU Optional Instrument: Absorbing the Private International Law Implications of a Common European Sales Law  

News from Rome

  • Alessandra Zanobetti, UNIDROIT’s Recent Work: An Appraisal 

National Reports

  • Yasuhiro Okuda, New Provisions on International Jurisdiction of Japanese Courts
  • Tomasz Pajor†, Introduction to the New Polish Act on Private International Law of 4 February 2011
  • Mathijs H. ten Wolde, Codification and Consolidation of Dutch Private International Law: The Book 10 Civil Code of the Netherlands     
  • Seyed N. Ebrahimi, An Overview of the Private International Law of Iran: Theory and Practice (Part Two)  
  • Nikolay Natov / Boriana Musseva / Teodora Tsenova / Dafina Sarbinova / Zahari Yanakiev / Vasil Pandov, Application of the EU Private International Law
    Instruments in Bulgaria
  • William Easun / Géraldine Gazo, Trusts and the Principality of Monaco 

Court Decisions

  • Michael Bogdan, Defamation on the Internet, forum delicti and the E-Commerce Directive:
    Some Comments on the ECJ Judgment in the eDate Case     
  • Michel Reymond, The ECJ eDate Decision: A Case Comment     
  • Matthias Lehmann, Exclusive Jurisdiction under Art. 22(2) of the Brussels I Regulation:
    The ECJ Decision Berliner Verkehrsbetriebe v JPMorgan Chase Bank (C-144/10)     
  • Jan von Hein, Medical Malpractice and Conflict of Laws: Two Recent Judgments by the German Federal Court of Justice      
  • Kun Fan, The Risks of Apparent Bias when an Arbitrator Acts as a Mediator – Remarks on Hong Kong Court’s Decision in Gao Haiyan  

Forum

  • Jeremy Heymann, The Relationship between EU Law and Private International Law Revisited: Of Diagonal Conflicts and the Means to Resolve Them
  • Ilaria Pretelli, Cross-Border Credit Protection against Fraudulent Transfers of Assets – Actio pauliana in the Conflict of Laws