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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

Law Governing Name in German Conflicts

November 28, 2007/in /by Gilles Cuniberti

German professor

New German Authority for International Legal Relations

November 28, 2007/in /by Gilles Cuniberti

The report of Basedow and Schwarz is

Third Issue of 2007’s Revue Critique de Droit International Privé

November 20, 2007/in /by Gilles Cuniberti

The latest issue of the French Revue Critique de Droit International Privé has been released. In addition to 9 comments of French and European cases, it contains two articles. The table of contents can be found

Flying to California to Bypass the French Ban on Surrogacy

November 5, 2007/6 Comments/in /by Gilles Cuniberti

You are a French couple and you cannot have a baby? One option is to fly to San Diego and to find a surrogate mother. Now, you should really want it, because 1) California is almost on the other side of the world, 2) it can get pretty warm out there, especially when half of […]

Paying Here, Seeking Restitution There.

October 29, 2007/in /by Gilles Cuniberti

A negative consequence of the availability of multiple fora in international litigation is the risk of conflicting decisions. Several adjudicators can retain jurisdiction and then reach conflicting, if not opposite, results on the merits. Is it a problem? It could be argued that it is for two different reasons. The first is that the legitimacy […]

Choice of Law In Convention Establishing Louvre Museum in Abu Dhabi

October 21, 2007/in /by Gilles Cuniberti

Which law governs the establishment of a

A New Mandatory Rule in the French Law of Torts

October 16, 2007/in /by Gilles Cuniberti

The French Supreme Court for private and criminal matters (Cour de cassation) has recognised a new mandatory rule in the French law of torts. As a consequence, the Court held that it applied necessarily, and that it was an exception to the applicable choice of law rule, i.e. the law of the place were the […]

Third Issue of 2007’s Journal du Droit International

October 10, 2007/in /by Gilles Cuniberti

The last issue of the Journal du Droit International contains three articles dealing with conflict issues. They are all written in French. The first is authored by

Second Issue of 2007’s Revue Critique de Droit International Privé

August 18, 2007/in /by Gilles Cuniberti

The second issue of 2007’s Revue Critique de Droit International Privé has been released. In addition to ten case notes, it contains two articles on conflict issues. The first is authored by Professor Sylvain Bollée, of

The French Like It Delocalized: Lex Non Facit Arbitrum.

July 24, 2007/in /by Gilles Cuniberti

Arbitral awards remain delocalized under the French law of international arbitration. They can be recognised and enforced in France irrespective of the decision of the court of the seat of the arbitration to set them aside. F.A. Mann, and many in England are of the opinion that arbitration only exists if the seat of the […]

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