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About Gilles Cuniberti

Gilles Cuniberti is a professor of law at the University of Luxembourg. Previously, he taught for 10 years at the Faculty of Law of Paris 12 University (Paris Val-de-Marne). His primary teaching and research interests are comparative law, conflict of laws, international arbitration and international litigation. He is a regular contributor to the Journal de Droit International (Clunet). He has been a visiting faculty at Duke Law School, Renmin University of China and Sheffield Hallam University.

He holds a Doctorate in Law from Paris I Panthéon-Sorbonne University and an LL.M. degree from Yale Law School. He was also a Paris-Oxford Doctoral Program Scholar for a year at Trinity College, Oxford. He is admitted to the Paris Bar and practiced on a part-time basis in the Paris office of a leading English firm from 1999 to 2004.

SELECTED ARTICLES:
Beyond Contract - The Case for Default Arbitration in International commercial Disputes, 32 FORDHAM INT'L L.J. 417 (2009)
Le principe de territorialité des voies d'exécution, JOURNAL DU DROIT INTERNATIONAL 2008.963
The Recognition of Judgments Lacking Reasons in Europe: Access to Justice, Foreign Court Avoidance and Efficiency, 57 INT’L & COMP. L. Q. 25 (2008)
L’apprezzamento dell’efficacia della clausola arbitrale da parte del giudice statale : un conflitto tra Italia e Francia, 21 DIRITTO COMMERCIO INTERNAZIONALE 2007.789 (with M. Winkler)

E-mail: gilles.cuniberti@conflictoflaws.net

Entries by Gilles Cuniberti

US Supreme Court Delivers its judgment in Kiobel

April 17, 2013/in /by Gilles Cuniberti

The presumption against extraterritoriality applies to claims under the Alien Tort Statute, and nothing in the statute rebuts that presumption. The opinion is available

French Conference on Punitive Damages

April 16, 2013/in /by Gilles Cuniberti

The University of Nancy will host an international workshop on the Circulation of Punitive Damages on 24 May 2013. Introduction 9:30 – 10:00 : Les dommages-intérêts punitifs en quête de fondement, Philippe Jestaz (Emeritus Université Paris XII) 10:00 – 10:40 : Dissuader et punir : les dommages et intérêts punitifs remplissent-ils vraiment la fonction qui leur est assignée ? Le […]

Second Issue of 2013’s ICLQ

April 15, 2013/in /by Gilles Cuniberti

The

Belgian Court Rules on Jurisdiction for Restitution Claims

April 12, 2013/1 Comment/in /by Gilles Cuniberti

On 13 December 2012, the

First Issue of 2013’s Flemish PIL E-Journal

April 12, 2013/in /by Gilles Cuniberti

The

New French Book on International Commercial Law

April 11, 2013/in /by Gilles Cuniberti

Catherine Kessedjian, who is professor of law at Paris II University and a former Deputy Secretary General to the Hague Conference, has published a new treatise on French International Commercial Law. As is traditional in France, the book includes developments on international commercial contracts, but also on the law governing corporations (including international insolvency) and international dispute […]

Cuniberti on Lex Mercatoria

April 9, 2013/in /by Gilles Cuniberti

I (University of Luxembourg) have posted Three Theories of Lex Mercatoria on SSRN. One of the most remarkable developments in international commercial law over the last fifty years has been the gradual acceptance of the existence of a new merchant ‘law’, or lex mercatoria, spontaneously generated by the international community in the shadow of national […]

Keitner on Human Rights Enforcement through Transnational Litigation

April 7, 2013/in /by Gilles Cuniberti

Chimene Keitner (UC Hastings College of Law) has posted

Michaels on Globalisation and Law

April 3, 2013/in /by Gilles Cuniberti

Ralf Michaels (Duke Law School) has posted

French Supreme Court Upholds Argentina’s Immunity despite Waiver

April 2, 2013/1 Comment/in /by Gilles Cuniberti

Last week, the French Supreme Court for private and criminal matters (Cour de cassation) set aside three series of enforcement measures carried out by NML Capital Ltd against the Republic of Argentina in three judgments dated 28 March 2013 (see

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