European Law - Chapter 3.2 - Transnational Litigation and Commercial Arbitration - 3rd Edition
Joseph Lookofsky is Professor of Private and Commercial Law at the University of Copenhagen. He received his B.A. in Economics from Lehigh University, his J.D. from the New York University School of Law, and was admitted to the New York State Bar in 1971. He received his Danish law degrees (cand.jur. and dr.jur.) from the University of Copenhagen and joined the Law Faculty there in 1982. Professor Lookofsky has lectured on the CISG and other international commercial law topics for the Danish Bar Association (Advokatsamfund), the Duke University Law School in North Carolina, the University of Bologna (Facoltá di Giurisprudenza), the Albert-Ludwigs-Universität Freiburg (Institut für Ausländisches und Internationales Privatrecht), and the Cornell-Paris I (Sorbonne) Summer Institute of International & Comparative Law. He is also Secretary General of the Danish Committee for Comparative Law (Association Internationale des Sciences Juridiques.
Ketilbjorn Hertz is Senior Consultant with the Danish Ministry of Justice, which he joined in 1997, and in that capacity he has participated in the drafting of important legislation, including the Bill, which led to the adoption of the Danish Arbitration Act 2005 He received degrees from the University of Copenhagen, B.A. in law in 1991, cand.jur. in 1993, B.A. in French in 1998, and Ph.D. in law in 1998.
3.2. EUROPEAN LAW
3.2.1. Contract Conflicts and the Rome I Regulation
Rome I Regulation Although the Rome I Regulation is now in effect in (nearly) all EU Member States (see below), some brief information about the 1980 Rome Convention (which preceded the Rome I Regulation) will be helpful to put the Regulation into perspective.
The 1972 Draft Convention
In 1972 the European Community1 completed a draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations. This conflicts project was seen as the logical next step following the signing of the 1968 Brussels Convention on Jurisdiction and Judgments.2
Delictual provisions deleted
In 1976, however, the European draftsmen found it best to abandon further work on the new Convention’s delictual side. So, as ultimately codified and signed by the EC Member States, the 1980 Rome Convention dealt only with the Law Applicable to Contractual Obligations.3
Effective as of 1991
The Rome Convention took effect as a supranational treaty obligation on 1 April 1991, following the deposit of instruments of ratification by seven of the nine original signatory EC Member States.4 On the same date, the Convention entered into force for Greece,5 and it was later ratified by the remaining Member States6 and subsequently acceded to by the new Member States.
3.2 European Law3.2.1 Contract Conflicts and the Rome I Regulation A. Party Autonomy ISS Machinery Services Ltd v Aeolian Shipping SA (2001) Notes, Questions & Commentary Egon Oldendorff v Libera Corporation (1995) Notes, Questions & Commentary B. Supplementary Rules in the Absence of Choice ICF v MIC Operations BV (2009) Notes, Questions & Commentary C. Mandatory Rules Transocean Drilling Ltd UK v Arbejdsministeriet (2000) Notes & Commentary 3.2.2 Sales Law Conflicts and Harmonization A. Introduction B. 1955 Hague Convention C. 1980 Vienna Convention (CISG) D. 1986 Hague Convention 3.2.3 Tort Conflicts under European Law A. Non-Contractual Obligations and the Rome II Regulation B. Selected Tort Cases under European National Law Red Sea Insurance Co. Ltd v Bouygues SA (1994) Notes & Commentary Edmunds v Simmonds (2000) Notes, Questions & Commentary Krægpøth v Rasmussen (1982) Notes, Questions & Commentary 3.2.4 Product Liability Illustrations, Notes & Questions