Civil Justice Systems in Europe : Implications for Choice of Forum and Choice of Contract Law

ISBN-13: 9781841139852 / Angielski / Twarda / 2017 / 304 str.

Stefan Vogenauer

Opis

Civil justice systems of the Member States of the European Union differ substantially. Despite recent trends towards convergence, each jurisdiction has its own way of defining how people can legitimately resolve disputes and enforce their rights and the obligations of others. The essays in this collection investigate the extent to which perceptions of differences between national civil justice systems affect businesses engaging in cross-border transactions when they choose the forum and the governing contract law, including the results of a major survey of European businesses on the impact that particular features of civil justice systems have on choices of forum and choices of law. This book constitutes a major assessment of the strengths and weaknesses of EU domestic civil justice systems, and the prospects for recent EU harmonisation measures. (Series: Studies of the Oxford Institute of European and Comparative Law) Subject: Litigation & Civil Procedure, Private International Law, European Law, Contract Law]

Spis treści

Part I: Civil Justice Systems, Choice of Forum and Choice of Contract Law in Europe: the Current Position Professor Vincenzo Varano (University of Florence), Domestic Civil Justice Systems in Europe: Current Approaches, Techniques and Trends Ms Salla Saastamoinen (European Commission, Head of Civil Justice, DG Justice, Freedom and Security), Achievements and Initiatives of the European Union in the Area of Civil Justice Dr Giesela Rühl (European University Institute, Florence and Max Planck Institute for Comparative and Private International Law, Hamburg), Choice of Law and Choice of Forum in the European Union: Recent Developments Part II: Measuring the Perfomance of Civil Justice Systems and its Impact on Choice of Forum and Choice of Contract Law in Europe Professor Stefan Vogenauer (University of Oxford), The View of European Businesses: Results of a Survey Dr Christoph Kern (University of Freiburg), Perception, Performance and Politics: Recent Approaches to the Qualitative Comparison of Civil Justice Systems Professor Erin O'Hara (Vanderbilt University Law School), The Implications of Civil Justice Systesms for Choice of Forum and Choice of Contract Law: an Economic Perspective Part III: Implications for National Civil Justice Systems Simon James (Partner, Clifford Chance LLP), Implications for National Civil Justice Systems: England Professor Véronique Magnier (University of Paris XI), Implications for National Civil Justice Systems: France Professor Harald Koch (University of Rostock), Implications for National Civil Justice Systems: Germany Professor Elisabetta Silvestri (University of Pavia), Implications for National Civil Justice Systems: Italy Professor CH (Remco) van Rhee (University of Maastricht), Implications for National Civil Justice Systems: the Netherlands Part IV: Implications for European Legal Policy Malcolm Carlisle (Chairman, European Justice Forum (EJF)), Implications for European Legal Policy: a Business Perspective Sandra Mori (Coca-Cola, Representative of the European Company Lawyers Association (ECLA)), Implications for European Legal Policy: a Business Perspective Jonathan Goldsmith (Secretary General of the Council of Bars and Law Societies of the European Union (CCBE)), Implications for European Legal Policy: a Practitioner's Perspective Dr Christopher Hodges (Centre for Socio-Legal Studies, University of Oxford), Implications for European Legal Policy: an Academic's Perspective