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Arthur Poon on “DETERMINING THE PLACE OF PERFORMANCE UNDER ARTICLE 7(1) OF THE BRUSSELS I RECAST”
Arthur Poon recently published an article with International and Comparative Law Quarterly titled: “Determining the Place of Performance under Article 7(1) of the Brussels I Recast.”
The abstract reads as follows:
“This article calls for a reassessment of the methodology in determining the place of contractual performance under Article 7(1) of the Brussels I Regulation Recast. The first part of the article deals with Article 7(1)(a). It argues that in light of the adoption of autonomous linking factors under Article 7(1)(b), more types of contracts presently not covered within the ambits of Article 7(1)(b) should centralise jurisdiction at the places of performance of their characteristic obligations. The second part of the article considers the way Article 7(1) operates when there are multiple places of performance under the contract. The test devised by the Court of Justice of the European Union in this regard is not only difficult to apply, but the application of the test also often does not guarantee a close connection between the claim and the court taking jurisdiction. This article argues that when a claim is made in respect of a contractual obligation to be performed in more than one Member State, Article 4 should be applied instead of Article 7(1).”
The second EFFORTS Newsletter is here!
EFFORTS (Towards more EFfective enFORcemenT of claimS in civil and commercial matters within the EU) is an EU-funded Project conducted by the University of Milan (coord.), the Max Planck Institute Luxembourg for Procedural Law, the University of Heidelberg, the Free University of Brussels, the University of Zagreb, and the University of Vilnius.
The EFFORTS Project tackles, notably, the Brussels Ibis Regulation and the Regulations on the European Enforcement Order, the European Small Claims Procedure, the European Payment Order, and the European Account Preservation Order. By investigating the implementation of these Regulations in the national procedural law of, respectively, Belgium, Croatia, France, Germany, Italy, Lithuania, and Luxembourg, the Project aims at enhancing the enforcement of claims through more efficient procedures, case management, and cooperation in cross-border disputes.
The second EFFORTS Newsletter has just been released, giving access to up-to-date information about the Project, save-the-dates on forthcoming events, conferences and webinars, and news from the area of international and comparative civil procedural law.
Regular updates are also available via the Project’s LinkedIn and Facebook pages.
Project JUST-JCOO-AG-2019-881802
With financial support from the Civil Justice Programme of the European Union
Book Launch: Choice of Law in International Commercial Contracts – 4 May 2021
Coming up tomorrow – Book Launch: Choice of Law in International Commercial Contracts – 4 May 2021
The global PIL community is invited to celebrate the launch of the book “Choice of Law in International Commercial Contracts” (Oxford University Press, 2021). This study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
When: May 4, 2021 02:00 PM CEST
Where: Online (Zoom-Webinar)
Register here:
https://unilu.zoom.us/webinar/register/WN_ivzYmgFQQkSdUKZCEDRriQ
After registering, you will receive a confirmation email containing information about joining the webinar. The event will also be live streamed via YouTube; the link will be posted five minutes before the start time here.
The programme reads as follows:
14:00-14:10 – Welcome and acknowledgments | Daniel Girsberger
14:10-14:35 – Overview of the process | Daniel Girsberger and Marta Pertegás
14:35-15:00 – General Comparative Report, with a focus on Art. 3 | Thomas Kadner Graziano
15:00-15:10 – Further general matters | Jan L Neels
15:10-15:15 – Publisher’s address | Andrew Dickinson
15:15-15:20 – Regional perspective: Africa | Jan L Neels and Eesa A Fredericks
15:20-15:30 – Regional perspective: Asia | Yuko Nishitani and Béligh Elbalti
15:30-15:35 – Regional perspective: Australasia | Brooke Marshall
15:35-15:40 – Regional perspective: Europe | Thomas Kadner Graziano
15:40-15:50 – Regional perspective: Latin America | José A Moreno Rodríguez and Lauro Gama
15:50-15:55 – Regional perspective: North America | Geneviève Saumier
15:55-16:05 – HCCH, UNCITRAL and UNIDROIT perspectives | João Ribeiro-Bidaoui, Luca Castellani, and Anna Veneziano
16:05-16:15 – Future plans and concluding remarks | Agatha Brandão and Daniel Girsberger
16:15-16:45 – Q&A
More information about the book:
A 30% discount code will be available for all attendees.
