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Justice Andrew Bell opines on arbitration and choice of court agreements
By Michael Douglas and Mhairi Stewart Andrew Bell is a leader of private international law in Australia. His scholarly work includes Forum Shopping and Venue in Transnational Litigation (Oxford Private International Law Series, 2003) and several editions of Nygh’s Conflict of Laws in Australia (see LexisNexis, 10th ed, 2019). As a leading silk, he was […]
Three Tickets, One Seat – A Methodological Anatomy Of The Indian Practice Of Determination Of Seat Of Arbitration
Written by Sankalp Udgata & Hetal Doshi, National Law University (NUSRL), Ranchi The choice of arbitration as the default system of resolution of commercial disputes, which was initially restricted to the foreign parties is now being reciprocated by even the Indian parties, thus setting the stage for India being a global hub for commercial arbitration. Surprising […]
Brexit: No need to stop all the clocks.
Written by Jonathan Fitchen. ‘The time has come’; a common enough phrase which may, depending on the reader’s mood and temperament, be attributed variously to Lewis Carroll’s discursive Walrus, to Richard Wagner’s villainous Klingsor, or to the conclusion of Victor Hugo’s epigrammatic comment to the effect that nothing is as powerful as an idea whose […]
Law Shopping in Relation to Data Processing in the Context of Employment: The Dark Side of the EU System for Criminal Judicial Cooperation?
This post was written by Ms Martina Mantovani, Research Fellow at the Max Planck Institute Luxembourg. The author is grateful to her colleague, Ms Adriani Dori, for pointing out the tweet. On 26th September 2019, Dutch MEP Sophie in ‘t Veld announced through her
The Role of Private International Law Academia in Latin America
Written by Alexia Pato, Senior Research Fellow at the University of Bonn On 10 September 2019, I had the immense pleasure to attend a
Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2019: Abstracts
The latest issue of the „Praxis des Internationalen Privat- und Verfahrensrechts (IPRax)“ features the following articles: E. Jayme: On the Legal Status of Indigenous Peoples in German Cultural Property Proceedings The Nama Traditional Leaders Association asked the Constitutional Court of the federal state Baden-Wurttemberg to issue an interim order to prevent its government from returning […]
Rethinking Choice of Law and International Arbitration in Cross-border Commercial Contracts
Written by Gustavo Becker* During the 26th Willem C. Vis Moot, Dr. Gustavo Moser, counsel at the London Court of International Arbitration and Ph.D. in international commercial law from the University of Basel, coordinated the organization of a seminar regarding choice of law in international contracts and international arbitration. The seminar’s topics revolved around Dr. Moser’s […]
Patience is a virtue – The third party effects of assignments in European Private International Law
Written by Leonhard Huebner, Institute for Comparative Law, Conflict of Laws and International Business Law (Heidelberg University) The third-party effects of the assignment are one of the “most discussed questions of international contract law” as it concerns the “most important gap of the Rome I Regulation”. This gap is regrettable not only for dogmatic reasons, […]
The race is on: German reference to the CJEU on the interpretation of Art. 14 Rome I Regulation with regard to third-party effects of assignments
By Prof. Dr. Peter Mankowski, University of Hamburg Sometimes the unexpected simply happens. Rome I aficionados will remember that the entire Rome I project was on the brink of failure since Member States could not agree on the only seemingly technical and arcane issue of the law applicable to the third-party effects of assignments of […]