Suchergebnisse

The author represents the content of Ole Lando's doctoral dissertation from 1961 on the choice of law for contracts. The dissertation examined the evolution of the choice of law rules for contracts in France, Germany, England, the US and the Scandinavian countries. It is concluded that Ole Lando in his dissertation proposed choice of law rules for contracts that in general were adopted two decades after his dissertation in the Rome Convention on Choice of Law for Contractual Obligations.
Harmonization, contract law, European private law, restatements

The most important amendments to the Brussels I Regulation as adopted during the recast negotiations are presented and discussed. The author focuses on four subjects: first, the application of Brussels I to cases where the defendant is domiciled outside the EU; second, the abolition of exequatur; third, the improved efficiency of exclusive choice-of-court agreements; and, fourth, the relationship between litigation and arbitration.

The most important amendments to the Brussels I Regulation adopted on 12 December 2012 are presented and discussed. The amendments concern: 1) arbitration, 2) external situations, 3) choice-of-court agreements, and 4) abolition of exequatur. Compared to the Commission's ambitions, only modest, but probably useful compromises were achieved in respect of arbitration and external situations. For exclusive choice-of-court agreements, an efficient and sophisticated provision based on the Commission's ideas was adopted, and the Commission's primary goal, to abolish exequatur, was also successfully achieved.

AbstractThe Hague Judgments Convention of 2005 is the first global convention on international jurisdiction and recognition and enforcement of judgments in civil and commercial matters. The author explains the political and legal background of the Convention, its content and certain crucial issues during the negotiations of it. Finally, the author discusses the perspectives for international trade given that, in 2009, the USA and the European Union signed the Convention.

This article describes the most significant features of Regulation (EC) No 593/2008 on the Law Applicable to Contractual Obligations that will enter into force on 17. December 2009 (the Rome I Regulation). The Regulation will replace the Rome Convention on the same subject–matter. The authors approve of the "fine-tuning" of the provision regulating the parties' rights to choose the applicable law. They welcome the provision on the law applicable in absence of an agreed choice. Though radically different from the corresponding provision of the Rome Convention it will satisfy the need for predictability. The new provisions on transports of carriage and insurance contracts are also discussed. The authors find the provision on the application of foreign international mandatory provisions very useful. However, they regret that the Regulation does not allow courts to apply the lex mercatoria in international disputes on an equal footing with national law. They also emphasize the need for a choice–of–law rule on jurisdiction agreements, which has not been provided in the Regulation.