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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

Boskovic on Rome II and Defamation

July 20, 2010/in /by Gilles Cuniberti

Olivera Boskovic is a professor of law at the University of Orléans, France. Many recent studies on defamation and violations of rights relating to personality assert that both jurisdiction and choice of law rules in this area are problematic. The following observations will mainly focus on choice of law. However, it is worth saying that […]

Von Hein on Rome II and Defamation

July 19, 2010/in /by Gilles Cuniberti

European Parliament Committee on Arbitration and Brussels I

July 15, 2010/in /by Gilles Cuniberti

On June 28th, the Committee on Legal Affairs of the European Parliament issued a report on the Implementation and Review of Regulation 44/2001. On the exclusion of arbitration from the scope of the Regulation, the Committee expressed the following view: Whereas the various national procedural devices developed to protect arbitral jurisdiction (anti-suit injunctions so long […]

French Supreme Court Breaks Land Taboo

July 13, 2010/24 Comments/in /by Gilles Cuniberti

On June 23rd, 2010, the French Supreme court for private and criminal matters (Cour de cassation) held that French courts had jurisdiction to determine the succession to a property situated in a foreign country. The deceased person was a French national domiciled in Madrid. He owned two apartments, one in Spain and one in France, […]

French Supreme Court Recognizes Foreign Gay Adoption

July 9, 2010/2 Comments/in /by Gilles Cuniberti

Yesterday, the French supreme court for private and criminal matters (Cour de cassation) held that an American judgment permitting the adoption of a child by the female partner of the mother was not contrary to French public policy and could be recognized in France. The women were two doctors living in the United State. They […]

Van Den Eeckhout on Transnational Corporate Social Responsibility

July 8, 2010/in /by Gilles Cuniberti

The Influence of Amicus Briefs and Morrison

July 5, 2010/in /by Gilles Cuniberti

A “View from Across” (in the Other Direction)

July 1, 2010/1 Comment/in /by Gilles Cuniberti

Breaking News: the End of Morrison?

June 30, 2010/1 Comment/in /by Gilles Cuniberti

The very next day after the US Supreme Court released its decision in

Securities Class Actions and Extra-territoriality: A View from Canada

June 30, 2010/in /by Gilles Cuniberti

Geneviève Saumier teaches at McGill University, Montreal. Securities class actions are a relatively new phenomenon in Canada for two main reasons. First, class procedures are available across the country only since 2004 (though since 1978 in Quebec and 1992 in Ontario). Second, until very recently, only traditional claims of fraud or misrepresentation were available to investors. Since […]

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