Gilles Cuniberti - Böcker

This Commentary provides comprehensive analysis of the 2005 Hague Convention on Choice of Court Agreements that came into force in October 2015. Drawing on the contributors’ expertise from a range of legal traditions, including Commonwealth and US common law, as well as French and German civil law traditions, it presents an article-by-article examination of the Convention. Each provision is carefully examined using diverse perspectives to ensure an in-depth understanding of its history, context and meaning. The Commentary outlines past scholarly research and controversies arising from interpretation as well as indicating avenues for future study.Key Features:Provides an international and comparative perspective on the interpretation of the ConventionIncludes expansive reference to case law and legal literature, in a variety of languages, from across the globeAnalyses the ways in which the Convention is implemented in several jurisdictionsPresents insights into the negotiation of the Convention and the Hague Conference processThis Commentary is a crucial reference tool for practitioners in international dispute resolution and private international law. It is also a vital resource for scholars and students specialising in international dispute resolution in Asia, Europe, and the Americas.

The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.

This innovative book proposes a fundamental rethink of the consensual foundation of arbitration and argues that it should become the default mode of resolution in international commercial disputes. The book first discusses the most important arguments against this proposal and responds to them. In particular, it addresses the issue of the legitimacy of arbitrators and the compatibility of the idea with guarantees afforded by European human rights law and US constitutional law. The book then presents several models of non-consensual arbitration that could be implemented to afford neutral adjudication in disputes between parties originating from different jurisdictions' to offer an additional alternative forum in the doctrine of forum non conveniens or to save judicial costs. The first dedicated exploration into the groundbreaking concept of default arbitration, Rethinking International Commercial Arbitration will appeal to scholars, students and practitioners in arbitration and international litigation.

This Commentary provides rich and detailed analysis both of the provisions of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), and of its implementation, including a comparative account of the operation of the Model Law in the numerous jurisdictions which have adopted it throughout the world.Key Features:Comparative and thorough analysis of the provisions of the Model LawConsideration of the interpretations of the Model Law adopted by courts, with references to numerous cases from common law jurisdictions (Singapore, Hong Kong, India, Australia, New Zealand, Canada), Germany and Austria, central Europe (Poland, Hungary, Bulgaria), Spain, South Korea and EgyptInsight into variations in the statutory implementation of the Model Law in various jurisdictions across Europe, Asia, the Middle East and Latin and North America, with the most common amendments identified and highlightedDiscussion on whether the amendments adopted in Model Law jurisdictions should be persuasive in other Model Law jurisdictionsExploring how the Model Law is applied and interpreted in multiple jurisdictions, this practical and exhaustive commentary will be an essential resource for arbitrators and commercial litigators and will also appeal to scholars in the fields of arbitration, international dispute resolution, and international commercial law.

This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of judgments along with a regime of coordination between proceedings opened in different Member States.Key Features:Expansive reference to case-law and legal writingsSpecific attention to private international law issuesComprehensive article-by-article analysis of the EIRMeticulous explanation by leading scholars in the field to aid understanding of each provisionUp-to-date breakdown of the main national implementation legislations of the regulationExploration of the interplay between the EIR and the Brussels Ibis Regulation, as well as the relationships with third countriesThis Commentary will be a crucial reference tool for practitioners active in cross-border insolvency and restructuring in Europe. It will also prove a key resource for students and scholars of commercial law, company and insolvency law, and European private international law.

Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include:New topics covered in the fields of jurisdiction and foreign judgmentsOriginal discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of LawsUS, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessmentsCarefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context.Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.

Now in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include:New topics covered in the fields of jurisdiction and foreign judgmentsOriginal discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of LawsUS, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessmentsCarefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context.Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.