The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgements, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected. Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource.Both practising lawyers and commercial lobbyists will also find many useful insights.
Contents: Preface 1. Internet Transactions and Activities Peter Stone 2. A Step in the Right Direction! Critical Assessment of Forum Selection Agreements under the Revised Brussels I: A Comparative Analysis with US Law Youseph Farah and Anil Yilmaz-Vastardis 3. Fairy is Back - Have you got your Wand Ready? Hong-Lin Yu 4. Frustrated of the Interface between Court Litigation and Arbitration? Don't Blame it on Brussels I! Finding Reason in the Decision of West Tankers, and the Recast Brussels I Youseph Farah and Sara Hourani 5. Does Size Matter? A Comparative Study of Jurisdictional Rules Applicable to Domestic and Community Intellectual Property Rights Edouard Treppoz 6. Article 4 of the Rome I Regulation on the Applicable Law in the Absence of Choice - Methodological Analysis, Considerations Gulin Guneysu-Gungor 7. International Sales of Goods and Rome I Regulation" Indira Carr 8. The Rome I Regulation and the Relevance of Non-State Law" Olugbenga Bamodu 9. The Interaction between Rome I and Mandatory EU Private Rules - EPIL and EPL: Communicating Vessels? Xandra E. Kramer 10. Choice of Law for Tort Claims" Peter Stone 11. Defamation and Privacy and the Rome II Regulation David Kenny and Liz Heffernan 12. Corporate Domicile and Residence Marios Koutsias Index
