Étude 725 Immunités d'exécution

in Brenner, Claude (Ed.) Le Lamy Droit de l'exécution forcée (2018)

Conflict of Laws: A Comparative Approach - Text and Cases

Book published by Edward Elgar Publishing (2017)

The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one ... [more ▼]

The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply. Contrary to other manuals or casebooks, which focus on the law of one jurisdiction, this innovative casebook offers a comparative treatment of the field. On each issue, materials from several jurisdictions are discussed and compared. The approach centers on comprehending the common principles of the field, but also highlights the fundamental differences. The goal is to train lawyers who not only will know the law of their own jurisdiction, but also will have an understanding of the key differences existing between the main models, and will thus be able to interact usefully with clients from other jurisdictions. This casebook systematically presents and compares the laws of four jurisdictions: the United States, the European Union, France and England (where left untouched by EU harmonization). It offers additional insight into rules applicable in China and Japan and also discusses remarkable solutions adopted in a wide range of jurisdictions such as Italy, Germany, the Netherlands, Canada and Tunisia. All materials from non-English speaking jurisdictions have been translated into English. Key features of the casebook: • written by a leading authority in the field • carefully selected extracts from primary and secondary sources build a clear picture of the field • expert analytical commentary and questions set the extracts in context • US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments • numerous references to Chinese and Japanese solutions • leads students through the field from beginning to end • perfectly pitched for international students and courses with a global outlook. [less ▲]

Rethinking International Commercial Arbitration : Towards Default Arbitration

Book published by Edward Elgar (2017)

Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is ... [more ▼]

Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes. [less ▲]

La clause attributive de juridiction

in Thieltgen, Nicolas (Ed.) Le Banquier Luxembourgeois et le droit international privé (2017)

An evaluation study of national procedural laws and practices in terms of their impact on the free circulation of judgments and on the equivalence and effectiveness of the procedural protection of consumers under EU consumer law

Report (2017)

In response to the tender specifications the study consists of two parts. The first examines whether divergences in national procedural laws and practices constitute obstacles to mutual trust and, in the ... [more ▼]

In response to the tender specifications the study consists of two parts. The first examines whether divergences in national procedural laws and practices constitute obstacles to mutual trust and, in the affirmative, identifies the locus and the scale of such obstacles; it thereby facilitates the identification of the areas in which mutual trust needs to be further enhanced in line with the European Council Conclusions of 26/27 June 2014. In addition, the study addresses possible obstacles to legal certainty when businesses and citizens engage in cross-border litigation. The second strand of the study evaluates whether and to what extent national procedural laws and practices ensure the effective procedural protection of EU consumers. Both strands of the study investigate the legal and the practical situations in the civil procedural laws of the 28 EU Member States. [less ▲]

Litispendance et mesures provisoires: note sous CJUE, 4 mai 2017, Hanseyachts

in Revue Critique de Droit International Privé (2017)

France

in Richter, Thomas (Ed.) Categories and Ranking of Claims (2016)

L’expérience américaine de l’enseignement transétatique du droit

in Ancel, Pascal; Heuschling, Luc (Eds.) La transnationalisation de l’enseignement du droit (2016)

Étude 730 Mise en œuvre des procédures civiles d'exécution

in Brenner, Claude (Ed.) Le Lamy Droit de l'exécution forcée (2016)

Brussels Ibis Regulation, Commentary of Article 47

in Mankowski, Peter; Magnus, Ulrich (Eds.) Brussels Ibis Regulation (2016)