André Janssen – författare

This book brings together articles from leading experts in the field of international dispute resolution. The main focus is on the situation in Asia, though the European perspective also plays an important part. Accordingly, the focus on the Asian dispute resolution market with a distinctly American and European “touch” is one of the book’s most unique features.

The dispute resolution market is rapidly transforming, and dispute resolution law is changing with it –especially in Asia. This book highlights recent advances and outlines future trends in this area. Emphasis is especially placed on International Commercial Arbitration Law on the one hand; and on International Investment Arbitration Law on the other. Two dedicated sections address these two topics, while another is dedicated to a quite new phenomenon in the field of international dispute resolution, the emergence of International Commercial Courts not only in Asia, but also in other regions of the world (e.g. in the Netherlands). This raises a host of interesting legal questions, which the book addresses. The book’s final section investigates general trends in dispute resolution (e.g. the rising cost problem in arbitration in general).

Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits.

This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

Bis vor einigen Jahren schien in Sachen Fortentwicklung des Europäischen Privatrechts nichts unmöglich zu sein. Bedeutsame Projekte wie der Gemeinsame Referenzrahmen und ein Gemeineuropäisches Kaufrecht wurden diskutiert, ja sogar ein Europäisches Zivilgesetzbuch schien in Reichweite zu sein. Mit dem Scheitern dieser Ideen ist es stiller geworden um die großen Visionen – dennoch wird das Europäische Privatrecht stetig weiterentwickelt, nur eben kleinteiliger und fragmentarischer als ursprünglich angedacht. Das vorliegende Buch zeigt zum einen den Stand der Entwicklung des Europäischen Privatrechts in all seinen Facetten auf und Frage beantwortet die Frage, wie der Acquis Communautaire der Zukunft aussehen sollte.Mit Beiträgen vonEsther Arroyo Amayuelas | Wojciech Bańczyk |Christian von Bar | Luigi Buonanno | Michel Cannarsa | Olha O. Cherednychenko | Mateja Durovic | Raphaël Gellert | Michele Graziadei |Helmut Heiss |Ewoud Hondius |Geraint Howells | André Janssen | Bernhard A. Koch | Matthias Lehmann | Marco B.M. Loos | Ulrich Magnus | Pascal Pichonnaz | Katarzyna Południak-Gierz | Cristina Poncibò | Barbara Pozzo | Hans Schulte-Nölke | Reiner Schulze | Pietro Sirena | Matthias E. Storme |Fryderyk Zoll

The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application", it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application.In this book the most important issues of the CISG''s methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.

A growing number of countries recognise a direct producers'' liability for non-conforming goods. The European Commission has considered the introduction of an EU-wide direct producers'' liability for a long time. Will there be new responsibilities for producers in the future?

This book compiles national reports from 24 European countries on the sale of goods law as well as the consumer''s remedies for non-conforming goods and the final seller''s right of redress. A comparative report informs about the different models of producers'' liability and their impact on the internal market.

Beneficial for practitioners working in the field of consumer contract law and sale of goods law.