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In Europe, will the new Rome I Regulation meet its goals, which include: improving the predictability of the outcome of litigation, bringing certainty as to the law applicable and the free movement of judgments, and designating the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument are outlined and discussed in this book, which is a product of the conference "The Rome I Regulation," held in Verona in March 2009, and attended by legal experts from Europe and beyond. The book contains a collection of papers submitted at the conference.
This timely and practical guide compares the jurisdictional advantages of litigating a national IP right with those of the corresponding European unitary IP right. The study offers IP practitioners a meticulous yet principled basis for their jurisdictional decisions and shows why it is advantageous for infringers to litigate based on a national IP right and rightholders to litigate based on a European unitary IP right.
This comprehensive Commentary examines the implications of the EU’s Market Abuse Regulation, introduced following the 2008 financial crisis after gaps were identified in the existing regulatory framework. It explores whether and how the Regulation achieves its aims of preserving the integrity of financial markets by preventing insider dealing and market manipulation, providing a harmonised legal framework, and increasing legal certainty for all market participants.
This illuminating book contributes to knowledge on the impact of Brexit on international commercial arbitration in the EU. Entering the fray at a critical watershed in the EU’s history, Chukwudi Ojiegbe turns to the interaction of court litigation and international commercial arbitration, offering crucial insights into the future of EU law in these fields.
This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.
The second edition of The EU Treaties and the Charter of Fundamental Rights: A Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, to reflect the latest developments in the law since publication of the first edition in 2019. It offers a quick reference to the provisions of the treaties, how they are interpreted and applied in practice, and to the most important legal instruments enacted on their basis. The fully-updated Commentary considers key developments in all areas of EU law, including the debates and requirements around the Rule of Law, legal decisions in relation to the Covid-19 pandemic, climate change measures such as the Eu...
This timely book examines the complex challenges facing modern private international law (PIL). The book brings together expert practitioners and scholars to consider key topics including digitalisation, European civil cooperation, the codification of PIL, and judicial cooperation. Through showcasing the developments that PIL has already undergone and highlighting areas for further advancement, the book provides a well-rounded picture of the relevance and effectiveness of PIL in todayÕs world.
International arbitration has become the favored method of resolving disputes between business partners in almost every aspect of international trade, commerce, and investment. The resolution of a dispute by means of international arbitration provides the parties with an opportunity to resolve their disputes in a private, confidential, cost and time efficient manner before a neutral tribunal of their choice. However, challenges to arbitral jurisdiction have become a common practice in the field. Resolution of such challenges may significantly delay the resolution of the parties’ primary substantive dispute, increase overall dispute resolution costs and even whittle down the benefits of the...
Il s’agit des travaux écrits du congrès mondial des huissiers de justice. Lors de ce congrès (qui se déroule tous les 3 ans) qui se tient à Dubaï fin novembre on désire donner un aperçu de la profession au travers du monde et des pays. Il s’agit de montrer ici particulièrement quel a été l’impact du Covid et de quelle manière la profession a réagie surtout au niveau de la digitalisation. Il s’agit de montrer que l’humain n’est pas dissociable de la digitalisation dans une matière aussi sensible que l’exécution forcée. Il s’agit de la première fois pour l’UIHJ de publier un ouvrage distribué au congrès qui sera disponible à la vente. Les résultats des tr...
The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing. The first edition of this full scale article-by-article commentary found a very warm reception. This new edition brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation. This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.