This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 2017...

This study, commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee, provides an assessment of the ongoing work of the Hague Conference on the Judgments Convention. The analysis focuses on the November 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 affirmative, identifies the locus and the scale of such obstacles; it thereby facilitates...

The purpose of this Article is to assess the preferences of parties to Asian international business transactions when they choose the law governing their contracts. For that purpose, I conduct an empirical analysis of unpublished data of the four main arbitral institutions active in Asia...

One of the most remarkable developments in international commercial law over the last fifty years has been the gradual acceptance of the existence of a new merchant ‘law', or lex mercatoria, spontaneously generated by the international community in the shadow of national legal orders. While...

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further...

Upon request by the JURI Committee, this study provides an analysis of existing EU legislation applicable to judicial expertise for the purpose of assessing whether cross-border expertise in the EU is hampered or restricted, and whether steps could be taken to facilitate it and to further...

Modern theorists are concerned with the development of private lawmaking. Private powers increasingly legislate for themselves, and one could fear that the autonomy that they might gain as a consequence might be misused. While the breadth of the production of private norms is a fact which can...

L'une des innovations des Principes UNIDROIT relatifs aux contrats du commerce international 2010 est d'introduire une nouvelle disposition, l'article 3.3.1, sur le Contrat violant une règle impérative. L'objet de cet article est d'offrir une analyse critique de cette disposition. L'article...

The recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice. Yet, foreign judgments often lack reasons because the defendant failed to appear before the...