Conflict of Laws in a Globalized World

by Eckart Gottschalk , Ralf Michaels , Giesela Ruhl , Jan von Hein

• ISBN13: 9780521871303
• ISBN10: 0521871301
• Edition: 1st
• Format: Hardcover
• Copyright: 2007-09-03
• Publisher: Cambridge University Press

Summary

This tribute to Professor Arthur von Mehren from the Harvard Law School is a contribution to the evolving transatlantic dialogue on the conflict of laws. It contains ten contributions that discuss the problems conflict of laws is facing in a globalized world. The first five contributions deal with current legal topics in international civil litigation and transatlantic judicial co-operation ranging from the design of judgments conventions to the recently adopted Hague Convention on Choice of Court Agreements, and from problems involving negative declaratory actions in international disputes to recent transatlantic developments relating to service of process and collective proceedings. The remaining five contributions focus on choice of law in international relationships. They cover comparative and economic dimensions of party autonomy, reflect on discussions in the choice of law relating to intellectual property rights, and critically discuss the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.

Table of Contents

Preface	p. vii
Bibliographical Note	p. xi
Contributors	p. xv
Remembering Arthur Taylor von Mehren
The Last Euro-American Legal Scholar? Arthur Taylor von Mehren (1922-2006)	p. 3
Arthur Taylor von Mehren and the Joseph Story Research Fellowship	p. 6
Building Bridges between Legal Systems: The Life and Work of Arthur Taylor von Mehren	p. 10
Transatlantic Litigation and Judicial Cooperation in Civil and Commercial Matters
Some Fundamental Jurisdictional Conceptions as Applied in Judgment Conventions	p. 29
The Hague Convention on Choice-of-Court Agreements: Was It Worth the Effort?	p. 63
Lis Pendens, Negative Declaratory-Judgment Actions and the First-in-Time Principle	p. 89
Recent German Jurisprudence on Cooperation with the United States in Civil and Commercial Matters: A Defense of Sovereignty or Judicial Protectionism?	p. 101
Collective Litigation German Style: The Act on Model Proceedings in Capital Market Disputes	p. 126
Choice of Law in Transatlantic Relationships
Party Autonomy in the Private International Law of Contracts: Transatlantic Convergence and Economic Efficiency	p. 153
The Law Applicable to Intellectual Property Rights: Is the Lex Loci Protectionis a Pertinent Choice-of-Law Approach?	p. 184
The Extraterritorial Reach of Antitrust Law between Legal Imperialism and Harmonious Coexistence: The Empagran Judgment of the U.S. Supreme Court from a European Perspective	p. 220
Mandatory Elements of the Choice-of-Law Process in International Arbitration: Some Reflections on Teubnerian and Kelsenian Legal Theory	p. 243
Application of Foreign Law to Determine Punitive Damages: A Recent U.S. Court Contribution to Choice-of-Law Evolution	p. 267
Index	p. 291
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