EU-PIL: European Union Private International Law in Contract and Tort
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Experienced practitioners in Europe realise the increasing commercial significance of the discipline known as Private International Law (Conflict of Laws).
As indicated by its title, the focus of this book is on the Private International Law rules applied by courts and arbitral tribunals in the European Union, but by including numerous concrete examples, the authors emphasise the interdisciplinary nature of the subject and thus the many relevant ‘connections’ between private international law and substantive commercial law, especially as regards contractual and delictual matters (e.g.) in cases concerning contracts for the international sale of goods, cross-border claims relating to product liability, etc.
PDF of Title Page and T.O.C.
Preface to the First Edition (2009)
Chapter 1. Introduction and Overview
1.1. General Introduction
1.2. Sources of Private and of Private International Law
1.3. Overview: Jurisdiction, Choice of Law, Enforcement
1.4. PIL Methodology
1.4.1. Rules and Issues, Connecting Factors, Characterisation
1.4.2. Dépeçage
1.4.3. Renvoi
1.5. Recurring PIL Themes
Chapter 2. Jurisdiction
2.1. Introduction
2.1.1. Jurisdiction to Adjudicate
2.1.2. Bases of Jurisdiction: a Survey of European Law
2.2. The Brussels I Regulation
2.2.1. Regulation Overview
2.2.2. Jurisdiction in Contract Cases
2.2.3. Jurisdiction in Tort
Chapter 3. The Applicable Law in Contract
3.1. General Introduction
3.2. The Rome Convention and the Rome I Regulation
3.2.1. Introduction
3.2.2. Field of Application
3.2.3. Party Autonomy
3.2.4. Supplementary Rules in the Absence of Choice
3.2.5. Mandatory Rules and Public Policy
3.3. Sales Law Conflicts and Harmonisation: the 1955 Hague Convention and the 1980 Vienna Convention (CISG)
3.3.1. Introduction
3.3.2. The 1955 Hague Convention on the Law Applicable to International Sales
3.3.3. The 1980 Vienna Convention: Article 1 of the CISG
3.3.4. The Revised (1986) Hague Convention on the Law Applicable to Sales
Chapter 4. The Applicable Law in Tort
4.1. Introduction
4.1.1. From National Law to the Rome II Regulation
4.1.2. Torts Conflicts under European National Law
4.2. Rome II Regulation: Scope and General Introduction
4.3. General Regulation Rule – Lex Loci Damni
4.4. Product Liability
Chapter 5. Recognition and Enforcement of Foreign Judgments
5.1. General Introduction
5.2. Enforcement under European Law
5.2.1. Enforcement under National Law
5.2.2. Enforcement under the Brussels I Regulation
5.2.3. Enforcement under other EU Regulations
5.3. Hague Convention on Choice of Court Agreements
Chapter 6. International Commercial Arbitration
6.1. Introduction
6.2. Applicable Laws
6.2.1. Lex Arbitri and the UNCITRAL Model Law
6.2.2. From Procedure to Substance: Conflicts, Lex Mercatoria, etc.
6.2.3. Institutional Arbitration
6.2.4. Choosing the Applicable Substantive Law
6.3. Enforcement of Arbitral Agreements
6.3.1. Introduction and Overview
6.3.2. Contract Formation, Interpretation and Validity
6.3.3. Interim Measures
6.4. Post-Award Enforcement
6.4.1. Introduction
6.4.2. Judicial Review in the Country of Origin
6.4.3. Recognition and Enforcement of Foreign Awards
Table of Authorities
Table of Abbreviations
Table of Cases
Index
Joseph Lookofsky is the Professor of Obligations and Private International Law at the University of Copenhagen. He is a native of New York, USA, where he began his professional career as in-house legal counsel for United Artists Corporation. He went to Denmark in 1973, studied Danish law, and joined the University Law Faculty in 1981. Professor Lookofsky has taught at Duke University Law School and has been a Visiting Scholar at New York University School of Law.
Ketilbjørn Hertz is Legal Advisor with the Ministry of Justice, Denmark. He received degrees from the University of Copenhagen, cand.jur. in 1993 and Ph.D. in law in 1998. In 2007 he completed the Cycle international court at the Ecole nationale d' administration in Strasbourg, France.
"This wonderfully compact book is a "must" for students and practitioners interested in private international law. It brings together principles of jurisdiction, choice of law, and recognition of judgments and shows the interrelationship of the rules and their effect on cases in the European Union. For those in Europe, it offers a complete and systematic overview of material that everyone interested in transnational litigation must know. For those in the United States, it provides one of the first comprehensive and accessible accounts of the European private international law system that lawyers in the United States are encountering more and more in their own cases. Rich in information and well-organized in structure, this book.... is gem."
-Professor Linda Silberman, Martin Lipton Professor of Law, New York University School of Law
Joseph Lookofsky is the Professor of Obligations and Private International Law at the University of Copenhagen. He is a native of New York, USA, where he began his professional career as in-house legal counsel for United Artists Corporation. He went to Denmark in 1973, studied Danish law, and joined the University Law Faculty in 1981. Professor Lookofsky has taught at Duke University Law School and has been a Visiting Scholar at New York University School of Law.
Ketilbjørn Hertz is Legal Advisor with the Ministry of Justice, Denmark. He received degrees from the University of Copenhagen, cand.jur. in 1993 and Ph.D. in law in 1998. In 2007 he completed the Cycle international court at the Ecole nationale d' administration in Strasbourg, France.
"This wonderfully compact book is a "must" for students and practitioners interested in private international law. It brings together principles of jurisdiction, choice of law, and recognition of judgments and shows the interrelationship of the rules and their effect on cases in the European Union. For those in Europe, it offers a complete and systematic overview of material that everyone interested in transnational litigation must know. For those in the United States, it provides one of the first comprehensive and accessible accounts of the European private international law system that lawyers in the United States are encountering more and more in their own cases. Rich in information and well-organized in structure, this book.... is gem."
-Professor Linda Silberman, Martin Lipton Professor of Law, New York University School of Law
PDF of Title Page and T.O.C.
Preface to the First Edition (2009)
Chapter 1. Introduction and Overview
1.1. General Introduction
1.2. Sources of Private and of Private International Law
1.3. Overview: Jurisdiction, Choice of Law, Enforcement
1.4. PIL Methodology
1.4.1. Rules and Issues, Connecting Factors, Characterisation
1.4.2. Dépeçage
1.4.3. Renvoi
1.5. Recurring PIL Themes
Chapter 2. Jurisdiction
2.1. Introduction
2.1.1. Jurisdiction to Adjudicate
2.1.2. Bases of Jurisdiction: a Survey of European Law
2.2. The Brussels I Regulation
2.2.1. Regulation Overview
2.2.2. Jurisdiction in Contract Cases
2.2.3. Jurisdiction in Tort
Chapter 3. The Applicable Law in Contract
3.1. General Introduction
3.2. The Rome Convention and the Rome I Regulation
3.2.1. Introduction
3.2.2. Field of Application
3.2.3. Party Autonomy
3.2.4. Supplementary Rules in the Absence of Choice
3.2.5. Mandatory Rules and Public Policy
3.3. Sales Law Conflicts and Harmonisation: the 1955 Hague Convention and the 1980 Vienna Convention (CISG)
3.3.1. Introduction
3.3.2. The 1955 Hague Convention on the Law Applicable to International Sales
3.3.3. The 1980 Vienna Convention: Article 1 of the CISG
3.3.4. The Revised (1986) Hague Convention on the Law Applicable to Sales
Chapter 4. The Applicable Law in Tort
4.1. Introduction
4.1.1. From National Law to the Rome II Regulation
4.1.2. Torts Conflicts under European National Law
4.2. Rome II Regulation: Scope and General Introduction
4.3. General Regulation Rule – Lex Loci Damni
4.4. Product Liability
Chapter 5. Recognition and Enforcement of Foreign Judgments
5.1. General Introduction
5.2. Enforcement under European Law
5.2.1. Enforcement under National Law
5.2.2. Enforcement under the Brussels I Regulation
5.2.3. Enforcement under other EU Regulations
5.3. Hague Convention on Choice of Court Agreements
Chapter 6. International Commercial Arbitration
6.1. Introduction
6.2. Applicable Laws
6.2.1. Lex Arbitri and the UNCITRAL Model Law
6.2.2. From Procedure to Substance: Conflicts, Lex Mercatoria, etc.
6.2.3. Institutional Arbitration
6.2.4. Choosing the Applicable Substantive Law
6.3. Enforcement of Arbitral Agreements
6.3.1. Introduction and Overview
6.3.2. Contract Formation, Interpretation and Validity
6.3.3. Interim Measures
6.4. Post-Award Enforcement
6.4.1. Introduction
6.4.2. Judicial Review in the Country of Origin
6.4.3. Recognition and Enforcement of Foreign Awards
Table of Authorities
Table of Abbreviations
Table of Cases
Index