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European Private International Law

Commercial Litigation in the EU

By: Geert van Calster
Media of European Private International Law
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Published: 14-01-2021
Format: PDF eBook (?)
Edition: 1st
Extent: 536
ISBN: 9781509942091
Imprint: Hart Publishing
RRP: £35.99
Online price : £28.79
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About European Private International Law

This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject.
Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit.
Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

Table Of Contents

Summary of Contents
1. Introduction
1.1. The Concept, Nature and Development of Private International Law
1.2. Sources of Private International Law
1.3. The Three Processes of Private International Law, and Standard 'Connecting Factors'
1.4. Characterisation, Renvoi and the 'Incidental' Issue or Vorfrage
1.5. Forum Shopping and Forum non Conveniens
1.6. The Impact of European Law on the Private International Law of the Member States
1.7. Brexit
2. The Core of European Private International Law: Jurisdiction
2.1. Summary
2.2. Detailed Review of the Regulation
3. The Core of European Private International Law: Applicable Law – Contracts
3.1. Summary
3.2. Detailed Review of the Regulation
4. The Core of European Private International Law: Applicable Law – Tort
4.1. Introduction
4.2. General Principles
4.3. Scope of Application
4.4. Applicable Law – General Rule: Lex Loci Damni
4.5. One General Exception to the General Rule and One Escape Clause
4.6. Specific Choice of Law Rules for Specific Torts – No Specific Rules for 'Protected Categories'
4.7. Freedom to Choose Applicable Law
4.8. Scope of the Law Applicable
4.9. Contract-Related Tort Claims
4.10. 'Overriding' Mandatory Law and Public Order
5. The Insolvency Regulation
5.1. The Overall Nature of and Core Approaches to Insolvency and Private International Law
5.2. Genesis of the Insolvency Regulation
5.3. General Context of the 2015 Amendments
5.4. Scope of Application, Dovetailing with the Brussels I Recast and Overall Aim
5.5. The International Impact of the Regulation
5.6. The Jurisdictional Model: Universal Jurisdiction Based on COMI, alongside Limited Territorial Procedures
5.7. Applicable Law
5.8. Recognition and Enforcement of Insolvency Proceedings
5.9. Powers of the Liquidator/Insolvency Practitioner
6. Free Movement of Establishment, Lex Societatis and Private International Law
6.1. Daily Mail
6.2. Centros
6.3. Uberseering
6.4. Inspire Art
6.5. Cartesio – And its Mirror Image: Vale
6.6. Grid Indus
6.7. Directive 2019/2121: The Cross-Border Conversion Directive
7. Private International Law, Corporate Social Responsibility and Extraterritoriality
7.1. The Role of Private International Law in Operationalising Corporate Social Responsibility
7.2. The United States: Litigation Based on the ATS
7.3. The European Union
7.4. Duty of Care, Attribution and Compliance Strategies
7.5. Conclusion

Reviews

“Extremely useful: clear and pedagogic, yet rigorous and appropriately detailed.” –  Dr Eduardo Álvarez-Armas, Brunel University London and Université catholique de Louvain

“This is a fundamental textbook, which is suitable for beginners as well as for more advanced scholars.” –  Professor Federico M Mucciarelli, Università di Modena e Reggio Emilia

“Review of the Second Edition: As a result of his broad knowledge on the subject and rich professional experience, Mr van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals.” –  Vladimir Cupryszak, Association for International Arbitration

“Review of the Second Edition: Excellent overview of European Private International Law issues, as well as a very helpful introduction to basic concepts of conflicts of laws and jurisdictions.” –  Professor Stavros Brekoulakis, Queen Mary University of London

“Review of the Second Edition: This is a most useful book. I recommend it to my students as a great way to come to terms with the EU elements of Private International Law.” –  Dr David Kenny, Trinity College Dublin

“The analysis is at the right level of detail to also interest and trigger scholars and practitioners who need to deal with very specific aspects of private international law. It is a valuable addition to the library of any scholar or practitioner who is interested in this area of law or deals with cross-border litigation within the EU and beyond. A new edition is certainly needed.” –  Dr Alina Otanu, Erasmus University

“The proposal for the new edition of this book is thoughtful and the changes proposed therein are necessary and important, and will make the book appealing to a wider readership.” –  Dr Jieying Liang, Durham University

“PRAISE FOR THE FIRST EDITION
...provides...easy access to this fast evolving field of law and introduces the reader to its most important parts.
” –  German-British Chamber of Industry and Commerce Website

“Review of the First Edition: As a result of his broad knowledge on the subject and rich professional experience, Mr. Van Calster provides great insight into current issues within international law. The book is practical as both a student textbook and a general introduction for legal professionals. It is divided into seven chapters, all aspects of which are crucial for proper understanding of the subject…We advise both students and professionals to take a closer look at this publication as it offers the reader all the vital elements and structure of PIL and its development.” –  Vladimir Cupryszak, Association for International Arbitration Newsletter

“Review of the First Edition:…recommended reading for those students and practitioners who wish to acquaint themselves with the basics or update their existing knowledge of this crucial area of the law without denting their wallet.” –  Mukarrum Ahmed, Law Quarterly Review, Volume 131

“Review of the Second Edition: It is a good textbook, with European Literature, a necessity if one truly wants to understand European Private International Law and something which is lacking elsewhere (national literature in most cases). I will use it as sole recommended text on the Full time and Distance Learning Commercial Law LLMs (International Dispute Resolution course).” –  Emmanuel Guinchard, Senior Lecturer, Northumbria University, UK

“Review of the Second Edition: This book is essential reading for law students in Europe and abroad. It provides a coherent overview of all main elements of European private international law; concepts, legal instruments and practice.” –  Professor Kim Talus, UEF Law School, Finland,

“Review of the Second Edition: Well-written, clear and understandable. Excellent value for money.” –  Dr Jan Oster, King's College London, UK

“I will recommend the book as a very good introduction to those students who come - as Erasmus students - from abroad and those German students who will study abroad. For others it will be only a supplementary reading. The book has the advantage to be up to date while many German texts on private international law are waiting for a new edition.” –  Professor Dr Erik Jayme, Universitat Heidelberg, Germany,

“Review of the Second Edition: Interesting and authoritative.” –  Professor Theodore Georgopoulos, University de Reims, France,

“Review of the Second Edition: Very good coverage of some aspects which are relevant to the trade law course and its conflicts seminars.” –  Dr Simone Lamont-Black, University of Edinburgh,

“Review of the Second Edition: This book is a well-written, topical treatment...Recommended reading for scholars and practitioners alike.” –  Professor Dr Bob Wessels, bobwessels.nl

“Review of the Second Edition: Unlike many other texts on European PIL, van Calster draws from his experience in legal practice to provide examples of the reality of the application of PIL in practice. The book will be of particular interest to academics, practitioners and undergraduate students.” –  Dr Michael Wells-Greco, Maastricht University, Maastricht European Private Law Institute website

“The second edition of the famous textbook by Professor Van Calster […], a work unique in its genre (in English), unlocks the fundamentals of the subject. (Translated from the original French)” –  Jean-Sylvestre Bergé, Université Jean Moulin (Lyon III), Revue trimestrielle de droit européen

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