In proceedings in front of an arbitrary tribunal, at international such as also, at the national level, the question always arises as to the applicable substantive law. For the purpose of determining the applicable law, the Arbitration largely recognized the principle of party autonomy.This...

The chapter “Applicable Law” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides principles on the choice of law in international intellectual property matters. The Guidelines confirm the traditional...

The chapter “Jurisdiction” of the International Law Association’s Guidelines on Intellectual Property and Private International Law (“Kyoto Guidelines”) provides where international intellectual property claims can be brought to court. It defines the basic forum at the defendant's...

The emergence and development of global business activities, and the inception of the Internet have resulted in the creation of a new field of legal studies concerning cross-border enforcement of intellectual property (IP) rights. This novel area of law is known as private international law and...

Recent introduction of fully-fledged homosexual marriages in certain countries like the Netherlands and Belgium have opened a range of issues which appear difficult to solve. This difficulty is, at least in case of Serbian law, compounded by inadequacy of existing regulation. While it is obvious...

The present article offers perspectives on the possible adaptation of traditional connecting factors to the digital space. It analyses cases that pit platform users against each other and cases that pit platform users against the digital platform itself. For the first set of cases, reliable...

On 18 October 2016 the European Court of Justice, in the case Greece v. Nikiforidis, decided: ‘Article 9 (3) of the Regulation No. 503/2008 on the law applicable to contractual obligations must be interpreted as precluding overriding mandatory provisions other than those of the State of the...

This paper explores how Chinese private international law responds to online data protection from two aspects: jurisdiction and applicable law. Compared with foreign laws, Chinese private international law related to online data protection has two distinct features. Chinese law for personal...

This paper contains materials reflecting the practice of Chinese private international law in 2017. First, the statistics of the foreign-related civil or commercial cases accepted and decided by Chinese courts is extracted from the reports of the Supreme People's Court (SPC), released in 2018,...

The present report is aimed at describing the concept, legal framework, and features of the public policy clause in the Portuguese legal order, and at giving an account of the main applications of this clause in modern Portuguese case law and literature (marriage, children, custodianship,...

The purpose of this article is to dissect the nature of intellectual property rights in the context of private international law. In other words, the primary focus is how private international law, i.e., conflict of laws, from the perspective of jurisdiction, applicable law, and enforcement...

Geschädigte von unternehmerischer Tätigkeit im Globalen Süden können zumeist weder die gaststaatliche Konzern- oder Zulieferergesellschaft noch die entsprechende Mutter- oder Abnehmergesellschaft aus dem Globalen Norden in Anspruch nehmen. Paul Meder unter-sucht die einschlägigen...

This paper discusses the German conflict of law rules as they apply to companies (ie, the private international law of companies in Germany). Amongst others, it addresses the connecting factor, the scope of the lex societatis, outreach statutes and the possibility of reincorporations in German...

States commit to protect citizens' rights through international treaties. With globalization, however, cross-border transactions and transnational relationships have increased the role of non-state actors, in particular corporations. While corporations have indeed transformed the international...

In times of (discussions about) globalisation, due attention must be given to the operation of rules of private international law. Examination of the ongoing developments in private international law itself and in private international law in its interaction with other disciplines from the...

The relationship between public and private international law is a topic which has long been debated, and which remains highly controversial. Despite an increasing range of scholarship looking at connections between the two fields, some modern public and private international lawyers would doubt...

This report examines Corporate Social Responsibility (CSR) in Germany. To this aim, it first takes a closer look at the German definition of CSR as well as the enforcement of CSR rules by the German government and its agencies (at A.). It then assesses the ways in which CSR standards are or may...

States commit to protect citizens' rights through international treaties. With globalization, however, cross-border transactions and transnational relationships have increased the role of non-state actors, in particular corporations. While corporations have indeed transformed the international...

This article examines private international law issues raised by transnational contractual networks. The focus is on choice-of-law questions that arise in the context of 1) relations between network members who are contractually bound to one another, 2) relations between network members not...

This article restores to academic circulation the names of representatives of the 16th century Belgian School of Realism, who have been unjustly forgotten in modern Private International Law [PIL] doctrine — Nicolas Everhard, Pieter Peck and Johannes à Sande. These scholars are the founders...

This article deals with the recognition and enforcement of judgments in employment matters in European private international law. After looking into the theoretical underpinnings of the protection of employees by rules of recognition and enforcement of foreign judgments, this article examines...

The present article examines the evolution of conflict regulation in the private international law of Russia and Poland. The author identifies the concept, structure and types of conflict rules, stressing that the conflict of laws is the most important category of private international law. A...

Lex mercatoria or Law Merchant (‘LM’) is said to be the self-made law of international commerce. According to its proponents, LM is an autonomous legal order that not only supplements state commercial law, but works as a substitute for it. The ‘ancient’ LM, which accompanied the...

The long awaited first Act of China Private International Law, Law of Application of Law for Foreign-related Civil Relations of People's Republic of China (LALFCR), was adopted on October 28 2010, and will come into force on April 1 2011. Unprecedented, the legislation of China expresses its...

Economic globalization directly impacts the law of states. New laws are passed, treaties are ratified, and case law shifts focus in response to global market demand. Geographic borders no longer isolate states as new technologies provide avenues for constant interaction amongst individuals on...

The objective of this working paper is to point out actual and potential obstacles to effective protection of the fundamental right to data protection, created by rules on jurisdiction and applicable law, and to put forward solutions for removing those obstacles with regard to data protection....

If, at the level of the European Union, we can talk about a standardization of the conflict of laws rules regarding contracts starting with the Rome Convention of 1980 and, subsequently, about a unification of these rules through Regulation (EC) No. 593/2008, outside the EU, the other European...

In a world like today’s one, with communication, trade and the increasing cross-border travels, the issue of the conflict of laws appears in every aspect of the private law. It is important that every member of the legal community understands the conflict of laws. This is important especially...

This theoretical and practical part is related to the analysis and studies of the contractual obligations under the private international law. This work is divided into three parts, where respectively, the first part deals with the general part of the contractual obligations; the second part...