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New Book: “Contracts for the International Sale of Goods: A Multidisciplinary Perspective”
Contracts for the International Sale of Goods: A Multidisciplinary Perspective is set to be released by Thomson Reuters (Hong Kong) Limited at the end of July 2019. Edited by Dr Poomintr Sooksripaisarnkit, Lecturer in Maritime Law, Australian Maritime College, University of Tasmania, and Dr Sai Ramani Garimella, Senior Assistant Professor, Faculty of Legal Studies, South Asian University, this book has the following unique features:
- On the 30th anniversary of the implementation of the CISG (in the year 2018) and almost the 40th anniversary of the adoption of the text of the CISG (in the year 2020), this title at the right time provides value added content for students and practitioners alike considering CISG and its intersection with public domestic and international law;
- Unique and jurisdictionally relevant thought-leadership content – presents national perspectives;
- Providing fresh critiques on core principles as well as forecasting on potential areas for reform or improvement
- Multi-country author team providing perspectives from across diverse global jurisdictions as well as contributions from members of the Permanent Court of Arbitration (The Hague) and The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL)
Contributors include:
Poomintr Sooksripaisarnkit – Lecturer in Maritime Law, Australian Maritime College, University of Tasmania
Sai Ramani Garimella – Senior Assistant Professor, Faculty of Legal Studies, South Asian University
John Felemegas – Senior Lecturer, Faculty of Law, University of Technology Sydney
King Fung Tsang – Associate Professor, Faculty of Law, The Chinese University of Hong Kong
Daniel Mathew – Assistant Professor, National Law University, Delhi
Lijun (Liz) Zhao – Senior Lecturer, School of Law, Middlesex University
Ernesto Vargas Weil – Assistant Professor for Private Law, University of Chile
Ngoc Bich Du – Dean, Faculty of Law, Open University of Ho Chi Minh City
Julian Bordaçahar – Legal Counsel, The Permanent Court of Arbitration, The Hague
Juan Ignacio Massun – Legal Counsel, The Permanent Court of Arbitration, The Hague
Benjamin Hayward – Senior Lecturer, Department of Business Law and Taxation, Monash Business School, Monash University
Rosmy Joan – Assistant Professor, Faculty of Law, National Law University Jodhpur
Andre Janssen – Chair Professor, Radbound University Nijmegen, The Netherlands
Luca Castellani – Legal Officer, The Secretariat of the United Nations Commission on International Trade Law (UNCITRAL)
Navin G. Ahuja – Doctoral Candidate, City University of Hong Kong
Dharmita Prasad – Assistant Professor, UPES School of Law
Details of the book shall be available soon from the publisher’s website: www.sweetandmaxwell.com.hk
To order:
Tel: +852 2847 2000
Fax: +852 2520 6954
E-mail: legal.hk@thomsonreuters.com
Mailing address: Sweet & Maxwell, Thomson Reuters Hong Kong Ltd, 15/F Cityplaza 3, Taikoo Shing, Hong Kong
Promotion code: CISG2019 – valid on or before 31 July 2019
For more information about the book, you can contact Dr Poomintr Sooksripaisarnkit (poonmintr@icloud.com) or Dr Sai Ramani Garimella (ramani@sau.ac.in)
Summer School In Transnational Commercial Law & Technology (Verona, May 30-June 1, 2019)
PROGRAM COORDINATOR:
Prof. Marco Torsello
VENUE:
University of Verona, School of Law, Via C. Montanari 9, Verona (VR), Italy
INSTRUCTORS:
Ronald A. Brand (University of Pittsburgh, School of Law, Pittsburgh, PA, USA)
Tim W. Dornis (Leuphana University, Lüneburg, Germany)
Nevena Jevremovic (IACCM – International Association for Contract and Commercial Management, Bosnia-Herzegovina)
Tyler Ochoa (Santa Clara University, School of Law, Santa Clara, CA, USA)
Marco Torsello (Univ. of Verona, School of Law).
Pennsylvania lawyers participating to the course will obtain Continuing Legal Education (CLE) credits: additional information and registration instructions will be posted on-line at: www.law.pitt.edu/Verona
Book Launch: Jurisdiction and Cross-Border Collective Redress – A European Private International Law Perspective
Dr. Alexia Pato (Senior Research Fellow at the University of Bonn) has authored a book on jurisdiction and cross-border collective redress (Hart Publishing). You may pre-order it online. A discount voucher is available here.
Sum
mary:
Widespread law violations, such as massive data breaches, the use of unfair terms, and financial fraud, may affect numerous victims around the globe. Those violations are on the rise, stimulated by globalisation and digitalisation. Unfortunately, the development of effective procedural vehicles enabling victims to obtain redress is comparatively slow. As a result, a private enforcement gap persists, which can be characterised by a difference between the theoretical possibilities to obtain redress drafted by the legislator and the reality experienced by victims in daily life. Collective redress represents an interesting instrument, which may have the power to fulfil that gap. The US experience regarding the class action is a telling example in that regard. On the other side of the Atlantic, European Member States have adopted collective redress mechanisms, the features of which often differ from their American homologue. As a result, issues regarding their effectiveness have arisen and legal reforms have started in an attempt to solve them.
The adoption of collective redress certainly generates complex legal issues. The present book specifically analyses the allocation of jurisdiction in cross-border collective redress cases, inasmuch as it directly impacts access to justice. To that effect, several collective redress mechanisms, including the Dutch WCAM, the test case procedure, the class action, and the representative model involving intermediaries, are studied (ch 2). Their structure, functioning and goal(s) are explained and a comparative law table containing information on more than 20 collective redress instruments summarises those elements (annex II). The book takes full account of the US law on class actions in order to enrich the comparative law study (ch 1).
Then, difficulties in applying private international law rules on jurisdiction to selected collective redress models are highlighted and analysed. The most relevant case law is examined as well. Notably, the Shell decision issued by the Amsterdam Court of Appeal, the recent CJEU’s ruling in Schrems (C?498/16), and the VW scandal are thoroughly studied. Chapter 3 of the book highlights the current mismatch between European private international law rules on jurisdiction (BIa) on the one hand, and collective redress procedures on the other. As a result, the centralisation of claims protecting either general or collective interests in a unique forum is often difficult – not to say impossible. Besides, significant obstacles, such as costs of proceedings, lack of financing, and language barriers, further deter access to justice. The unprecedented empirical study included in this book confirms that statement (annex III).
In light of this, the EU has presented several policy papers; drafted a Recommendation in 2013; and enacted Article 80 of the General Data Protection Regulation dealing with the representation of data subjects. Besides, the Directive on representative actions is in the pipeline. A comprehensive analysis of those documents is provided in chapter 2 of the book. Although those legislative efforts are welcome, this book contends that EU measures have not satisfactorily lowered barriers to access to justice. Therefore, the creation of a new head of jurisdiction for international collective redress cases is proposed, the content of which is presented in chapter 4 of the book.
A table of contents is available here.