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International Commercial Arbitration in the European Union – Brussels I, Brexit and Beyond
With a comprehensive and informative manuscript, in International Commercial Arbitration in the European Union – Brussels I, Brexit and Beyond (Edward Elgar, 2020, 320 pp.: see here a previous announcement of the publication) Chukwudi Ojiegbe provides a wide-ranging overview of the status quo of international commercial arbitration in the European Union, also duly taking into account the effects arising, in this specific area of the law, from the withdrawal of the United Kingdom from the European Union.
By means of a detailed historical and policy-oriented reconstruction, the Author assesses the history of the Brussels I Recast as it pertains to the provision on the arbitration exclusion. With careful analysis, he considers the implications of the nuanced and debated interface between arbitration and litigation in accordance with the Brussels I Regime as well as the consequences of such interface for the EU exclusive external competence in aspects of international commercial arbitration. Against this background, and further contributing to this complex area of the law, he sets out the findings on the impact of the United Kingdom’s withdrawal from the European Union.
In anticipation of a possible future recast of the Brussels I Regime, the Author argues in favour of the inclusion of specific rules that will allow the Member State court with jurisdiction under the Brussels I Regime the possibility of staying the litigation in favour of the arbitral tribunal. As he observes, the coordination between the jurisdiction of the courts of the Member States and arbitral tribunals would increase legal certainty, alleviating the problem of parallel court/arbitration proceedings and the risk of conflicting decisions.
Overall, this volume contributes clarity and advances the academic debate on the EU arbitration/litigation interface. By offering clear historical reconstructions and putting forth solutions to this longstanding problem, it will undoubtedly prove to be of interest to scholars and practitioners but it will also be a useful source for students who wish to deepen their understanding of this area of the law.
1st Conference on Private International Law – University of São Paulo, 5-9 July 2021
Under the coordination of Gustavo Ferraz de Campos Monaco, the Faculty of Law of the University of São Paulo is hosting its 1st Conference on Private International Law.
For all those interested in submitting papers or attending the conference, further information in English is available here.
Out now: Martin Gebauer / Stefan Huber, Politisches Kollisionsrecht, Tübingen 2021, pp. 133
Anot
her treat for German-reading friends and colleagues of CoL: On the occasion of Erik Jayme’s 85th birthday on 7th June 2019, Martin Gebauer and Stefan Huber, both at the University of Tübingen (one of the few „Universities of Excellence“ in Germany), convened the symposium “Politisches Kollisionsrecht: Sachnormzwecke, Hoheitsinteressen, Kultur”. Friends and colleagues, many of them originating academically from the University of Heidelberg (another one of the few „Universities of Excellence“) and its Institute for Comparative Law, Conflict of Laws and International Business Law, or with close ties to this place, gathered. The book that emerged from this inspiring event collects the prints of the presentations and includes fascinating contributions. Martin Gebauer, for example, deconstructs the myth of “classical” private international law in an eye-opening historical analysis, and Stefan Huber deals with the interplay, and symptomatic antinomies, of substantive law objectives and notions of procedural justice in relation to heads of jurisdiction for the protection of weaker parties under the Brussels regime. The volume is wrapped up by an introduction rich of insights and thoughts by Gebauer and Huber on “Politisches Kollisionsrecht” and by wonderful “news from the academic world” by Erik Jayme in which he shares memories and anecdotes from his rich life as one of the most renowned scholars of private international law worldwide. Highly recommended!