Private International Law

Contemporary Challenges and Continuing Relevance

9781789906899 Edward Elgar Publishing

Elgar Monographs in Private International Law

Edited by Franco Ferrari, Clarence D. Ashley Professor of Law and Director, Center for Transnational Litigation, Arbitration, and Commercial Law, New York University School of Law, New York, US and Diego P. Fernández Arroyo, Professor of Law, Director of the LLM in Transnational & Dispute Settlement, SciencesPo Law School, Paris, France

Publication Date: 2019 ISBN: 978 1 78990 689 9 Extent: 520 pp

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Critical Acclaim

Contributors

Contents

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Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Separated into nine parts, each containing two perspectives on a different issue or challenge, this unique book considers issues such as the certainty vs flexibility of laws, the notion of universal values, the scope of party autonomy, the emerging challenges of extraterritoriality and global governance issues in the context of PIL. Further topics include current developments in forum access, the recognition and enforcement of judgments, foreign law in domestic courts and PIL in international arbitration.

This comprehensive work will be of great value to scholars and students working across all areas of PIL. It will also be an important touchstone for practitioners seeking to think creatively about their cases involving conflict of laws and PIL.

Critical Acclaim

‘Ferrari and Arroyo’s overview of the foundations and frontiers of the field is impressive in terms of both breadth and depth, and provides perspectives useful to both academics and practitioners alike.’
– Marcus Teo, Singapore Journal of Legal Studies

‘Globalization has tremendously enhanced the number of cross-border transactions and, thereby, the significance of the conflict of laws. But is the localization method conceived in the 19th century for both jurisdiction and the applicable law still appropriate in the 21st? Can it serve purposes of global governance, give effect to universal values, allow for the implementation of national policies, provide legal certainty? The editors and authors, outstanding scholars in this area, provide thoughtful and interesting answers to these pressing questions.’
– Jürgen Basedow, Member of the Institut de Droit International

Contributors

Contributors: G.A. Bermann, A. Bonomi, R.A. Brand, L.A. Buxbaum, G. Cordero-Moss, D.P. Fernández Arroyo, F. Ferrari, H.A. Grigera Naón, B. Hess, M. Lehmann, M. Mantovani, R. Michaels, Y. Nishitani, F. Ragno, M. Reimann, K. Roosevelt III, V. Ruiz Abou-Nigm, L.J. Silberman, S.C. Symeonides, L.E. Teitz, H. van Loon

Contents

Contents:

Introduction 1
Franco Ferrari and Diego P. Fernández Arroyo

PART I CERTAINTY VERSUS FLEXIBILITY
1. Certainty versus flexibility in the conflict of laws 6
Kermit Roosevelt III
2. Certainty versus flexibility in the EU choice of law system 27
Francesca Ragno

PART II PARTY AUTONOMY
3. Foundation, limits and scope of party autonomy 71
Giuditta Cordero-Moss
4. The scope and limits of party autonomy in international contracts:
a comparative analysis 101
Symeon C. Symeonides

PART III UNIVERSAL VALUES
5. Private international law and the question of universal values 148
Ralf Michaels
6. Are there universal values in choice of law rules? Should there be any? 178
Mathias Reimann

PART IV PRIVATE INTERNATIONAL LAW AND GLOBAL GOVERNANCE
ISSUES
7. Unlocking private international law’s potential in global (migration)
governance 196
Verónica Ruiz Abou-Nigm
8. The present and prospective contribution of global private international law
unification to global legal ordering 214
Hans van Loon

PART V THE NEW CHALLENGES OF EXTRATERRITORIALITY
9. Extraterritoriality in the public and private enforcement of U.S.
regulatory law 236
Hannah L. Buxbaum
10. New challenges of extraterritoriality: superposing laws 258
Matthias Lehmann

PART VI CURRENT DEVELOPMENTS IN FORUM ACCESS:
JURISDICTION AND FORUM NON CONVENIENS
11. European perspectives on human rights litigation 293
Martina Mantovani and Burkhard Hess
12. Judicial jurisdiction and forum access: the search for predictable rules 332
Linda J. Silberman

PART VII RECOGNITION AND ENFORCEMENT OF JUDGMENTS
13. New challenges in the recognition and enforcement of judgments 360
Ronald A. Brand
14. New challenges in the context of recognition and enforcement of
judgments 390
Andrea Bonomi

PART VIII FOREIGN LAW IN DOMESTIC COURTS
15. Foreign law in domestic courts: challenges and future developments 412
Yuko Nishitani
16. The challenge of accommodating foreign law in domestic courts 434
Louise Ellen Teitz

PART IX PRIVATE INTERNATIONAL LAW IN INTERNATIONAL
ARBITRATION
17. Private international law in international arbitration 464
George A. Bermann
18. Private international law and arbitration: arbitral determination of the law
or rules of law governing the merits 484
Horacio A. Grigera Naón
Index 497