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A most useful new research handbook in European Law is on the table – highly recommended! The publisher’s blurb reads:

„The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries.

Review of Stone’s EU Private International Law

stone Book review of Peter Stone, EU Private International Law Harmonisation of Laws [Elgar European Law, Cheltenham, 2006, lvi+462pp, ISBN 1-84542-015-2]. (Reviewed by Dr Lorna Gillies, Leicester)

Research Handbook on EU Private International Law

A new Research Handbook on EU Private International Law, within the Edward Elgar Research Handbooks in European Law series  has just been published. It is edited by Peter Stone, Professor and Youseph Farah, Lecturer, School of Law, University of Essex, UK.
 

It contains the following contributions:

1. Internet Transactions and Activities
Peter Stone
2. A Step in the Right Direction! Critical Assessment of Forum Selection Agreements under the Revised Brussels I: A Comparative Analysis with US Law
Youseph Farah and Anil Yilmaz-Vastardis

3. Fairy is Back – Have you got your Wand Ready?
Hong-Lin Yu

4. Frustrated of the Interface between Court Litigation and Arbitration? Don’t Blame it on Brussels I! Finding Reason in the Decision of West Tankers, and the Recast Brussels I
Youseph Farah and Sara Hourani

Dublin Up on Rome I

Following the conference to take place at University College Dublin this week, details of a second conference to take place in the Irish capital on the subject of the Rome I Regulation have been announced.  This conference, organised by Trinity College Dublin, is entitled “The Rome I Regulation on the Law Applicable to Contractual Obligations: Implications for International Commercial Litigiation” and includes several of the speakers who participated in the organisers’ earlier successful conference on the Rome II Regulation (for the published papers of which, see here).

The programme is as follows:

FRIDAY 9 OCTOBER

There is a veritable feast of articles, casenotes and book reviews in the latest issue of the Lloyd’s Maritime & Commercial Law Quarterly. They are:

“Piercing the corporate veil: searching for appropriate choice of law rules” by Chee Ho Tham (L.M.C.L.Q. 2007, 1(Feb), 22-43)

Analyses case law on whether the English courts will exceptionally disregard the separate legal personality of foreign incorporated entities in litigation, applying English or foreign company law. Discusses the jurisdiction to order remedies against shareholders on the ground that incorporation was a sham. Considers the nature of limited liability under English law.

“Substance and procedure and choice of law in torts” by Andrew Scott (L.M.C.L.Q. 2007, 1(Feb), 44-62)

Publication: EU Private International Law

EU Private International Law Peter Stone (University of Essex, UK) has published EU Private International Law: Harmonization of Laws, part of the Elgar European Law Series.

This book focuses on harmonization of conflict laws at the European Community level, which has been driven by the introduction of a series of conventions and regulations. It offers critical assessment of these advances across four main areas of concern: civil jurisdiction and judgments; the law applicable to civil obligations; family law; and insolvency.

Specifically, the measures examined and evaluated include:

• the Brussels I Regulation on civil jurisdiction and judgments
• the Regulation on uncontested claims
• the Rome Convention 1980 on contracts
• the Rome II Proposal on torts and restitution
• the Brussels IIA Regulation on matrimonial proceedings and parental responsibility
• the Regulation on insolvency proceedings.

Written by Stefan Huber, University of Tübingen

Note: This blogpost is part of a series on „Corporate social responsibility and international law“ that presents the main findings of the contributions published in August Reinisch, Stephan Hobe, Eva-Maria Kieninger & Anne Peters (eds), Unternehmensverantwortung und Internationales Recht, C.F. Müller, 2020.

1. In investor-state arbitration, one has to distinguish between arbitral proceedings which are initiated on the basis of a contract concluded between the investor and the host state, on the one hand, and arbitral proceedings which are initiated on the basis of a bilateral investment treaty, on the other hand. In the latter case, there is no arbitration agreement in the traditional sense. This entails a unilateral right of the investor to initiate arbitral proceedings. Granting the host state the right to bring a counterclaim might compensate this asymmetry up to a certain degree.

by José Antonio Briceño Laborí, Professor of Private International Law, Universidad Central de Venezuela y Universidad Católica Andrés Bello

In 2019 the Venezuelan Private International Law (hereinafter “PIL”) academic community made clear that, despite all the difficulties, it remains active and has the energy to expand its activities and undertake new challenges.

As an example of this we have, firstly, the different events in which our professors have participated and the diversity of topics developed by them, among which the following stand out:

  • XI Latin American Arbitration Conference, Asunción, Paraguay, May 2019 (Luis Ernesto Rodríguez – How is tecnology impacting on arbitration?)

Out now: Issue 3 of RabelsZ 82 (2018)

The new issue of “Rabels Zeitschrift für ausländisches und internationales Privatrecht – The Rabels Journal of Comparative and International Private Law” (RabelsZ) has now available. It contains the following articles:

(I am grateful to Prof. Francesca Villata – University of Milan – for the following presentation of the latest issues of the RDIPP)

The first and second issues of 2017 of the Rivista di diritto internazionale privato e processuale (RDIPP, published by CEDAM) were just released.

Rivista di diritto internazionale privato e processualeThe first issue features three articles, one comment, and two reports.

  • Franco Mosconi, Professor Emeritus at the University of Pavia, and Cristina Campiglio, Professor at the University of Pavia, ‘Richiami interni alla legge di diritto internazionale privato e regolamenti comunitari: il caso dei divorzi esteri’  (‘Effects of EU Regulations on Domestic Private International Law Provisions: The Case of Foreign Divorces’; in Italian).