Peter Mankowski – författare

Trade and commerce are central to the wealth of nations. International and cross-border by nature, they require international rules. In response, a complex framework of rules have been developed to regulate the field, with some gaining global acceptance. Rules around the sales and carriage of goods, services, financing and security, underline transnational commercial activity. These rules are made up of international treaties and soft law. This important new commentary provides in-depth article-by-article analyses of the legislation in the field of trade and commerce. Conventions and legislation covered includes: the CISG plus Limitation Convention; the UNIDROIT Principles; the Montreal Convention; the Commercial Agents Directive; the Late Payment Directive and the Cape Town Convention. This commentary takes an innovative approach by placing the different frameworks in the applied context they operate in within commercial practice. Rigorous and comprehensive, this is an essential guide for all in world of international commerce.

Written by a team of international experts, the second edition of this leading commentary includes revised and updated article-by-article analyses.Effective cross-border trade depends on reliable rules and legal certainty. However, cross-border trade is a complex undertaking, not limited only to sales, but also encompassing carriage and transport, finance, and marketing. Accordingly, a clear understanding of the legislation underpinning the major areas of commercial law is absolutely essential for successful international commerce. This second edition includes includes updated analysis of the Convention on Contracts for the International Sale of Goods (CISG), the Convention on the Limitation Period in the International Sale of Goods (LPC), UNIDROIT Principles of International Commercial Contracts (PICC), Incoterms© 2020 and the Convention on the Contract for the International Carriage of Goods by Road (CMR). It also looks at COTIF Uniform Rules Concerning the Contract of International Carriage of Passengers (CIV) and Goods (CIM), Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention), the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI), and the EU Commercial Agents Directive 86/653. The EU Late Payment Directive 2011/7, Convention on International Interests in Mobile Equipment (Cape Town Convention) and Uniform Customs and Practices for Documentary Credits (UPC 600) are also explored.

The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance. Contributors include: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler

The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries.

Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law.

This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.

Contributors include: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. Winkler

The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.Key Features:A focus on the interpretation and practical application of the RegulationDetailed analysis of the case law and jurisprudenceHighlights both deficiencies and potential improvementsWritten by leading scholars in EU and Private International LawThe Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.

The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.

With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.

Key Features:

A focus on the interpretation and practical application of the RegulationDetailed analysis of the case law and jurisprudenceHighlights both deficiencies and potential improvementsWritten by leading scholars in EU and Private International Law

The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.

Die umfassende Kommentierung behandelt über das eigentliche Insolvenzrecht hinaus die Abwicklung und Neugestaltung aller damit verbundenen und betroffenen Rechtsbeziehungen. Ebenso berücksichtigt werden die Rechtsbereiche, auf welche die Insolvenz Auswirkungen hat.

Die umfassende Kommentierung behandelt über das eigentliche Insolvenzrecht hinaus die Abwicklung und Neugestaltung aller damit verbundenen und betroffenen Rechtsbeziehungen. Ebenso berücksichtigt werden die Rechtsbereiche, auf welche die Insolvenz Auswirkungen hat.

The Brussels Ibis Regulation is to become by far the most prominent cornerstone of the European law of international civil procedure. Its imminence can be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation was a well-known and renowned instrument and the Brussels Ibis Regulation will become so as its proper heir. The so called Brussels system has proven its immeasurable and incomparable value for over forty years. The European Court of Justice and the national courts of the Member States have produced an abundance and a treasure of judgments interpreting the Brussels Convention and the Brussels I Regulation. The effort of completing a truly pan-European commentary mirrors the pan-European nature of its fascinating object. This commentary – which of course covers the jurisprudence of the ECJ in a comprehensive manner – assembles a team of very prominent and renowned authors from total Europe. The authors’ geographical provenience stretches from Denmark in the North to Italy in the South and from Portugal and the United Kingdom in the West to Austria in the East. Now the time is ripe to start such an enterprise.

This commentary is the first full scale article-by-article commentary in English to address the Brussels Ibis Regulation. It is truly European in nature and style. It provides thorough and succinct in-depth analysis of every single Article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law.

One of the great steps towards a European Private International Law and for the facilitation of transborder trade is the Rome I Regulation which europeanised the applicable law for international contracts throughout the Union (though except Denmark). This Regulation has to be applied since the end of 2009. It has moderately reformed and replaced the former Rome Convention which had already proven its practical value for over two decades as many national decisions and also judgments of the European Court of Justice evidence. It is therefore high time for a truly pan-European Commentary on the Rome I Regulation which takes account of the European nature of this instrument. This is reflected by the team of contributors that originates from all over Europe assembling first experts in their countries. The editors are Ulrich Magnus and Peter Mankowski who have already edited the well-received pan-European Commentaries on the Brussels I Regulation and the Brussels IIbis Regulation.

The Commentary (in English) provides a thorough article-by-article analysis which intensely uses the rich case law and doctrine and suggests clear and practical solutions for disputed issues. It gives a comprehensive and actual account of the present state of the European international contract law. For international lawyers, practitioners as well as academics, it is an indispensable must.

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Die Erstauflage dieses Werkes liefert eine umfassende Kommentierung des Unternehmensstabilisierungs- und restrukturierungsgesetzes (StaRUG) vom 22.12.2020, mit dem ein neues außerinsolvenzliches Restrukturierungsverfahren eingeführt wurde. Dieses neue Verfahren schließt die Lücke, die das bisherige Sanierungsrecht zwischen dem Bereich der freien, dafür aber auf den Konsens aller Beteiligten angewiesenen Sanierung einerseits und der gerichtsbegleitenden Sanierung andererseits gelassen hat.Der Kommentar ist wissenschaftlich-kritisch ausgerichtet und hat es sich zum Ziel gesetzt, vorausdenkender Ratgeber für die Restrukturierungspraxis zu sein. Dabei wird das StaRUG nicht als Annex zum Insolvenzrecht verstanden, sondern als eigenständiges Rechtsgebiet, das auch das Sanierungsgesellschafts- und das Sanierungsfinanzierungsrecht mitberücksichtigt. Zudem wird die unionsrechtliche Grundlage analysiert und die Praxis der Restrukturierungsverfahren in anderen Ländern (Holland, Großbritannien) sowie steuerrechtliche Aspekte in den Blick genommen. Das Autorenteam besteht aus einer hochkarätigen Mischung von Wissenschaftlern, Beratungspraktikern und Richtern.

Der von Peter Mankowski begrundete, hochgelobte Kommentar macht die grenzuberschreitende Dimension von Handel und Wandel fur die juristische Praxis handhabbar. Mit seiner genuin internationalen Sicht ermoglicht er einen leichten Zugang zu den Mechanismen wirtschaftlicher Zusammenhange. Die Themen - Artikel fur Artikel kommentiert UN-Kaufrecht samt VerjahrungsUbk. (CISG) UNIDROIT-Prinzipien Incoterms 2020 CMR CIV / CIM Montrealer Ubereinkommen Budapester Ubereinkommen (CMNI) HandelsvertreterRL VerzugsRL Cape Town Convention UCP/ERA 600 Auch die 2. Auflage wird von herausragenden Expert:innen in ihren Bereichen gepragt.

This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law.

The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument.

A true first:- The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe- The first commentary on the Brussels I Regulation written by a team from all over Europe- The first article-by-article commentary on the Brussels I Regulation in English

The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Every practitioner in the international field has to work with it - and its importance is still growing.

The first edition of this full scale article-by-article commentary found a very warm reception. This new edition

brings the book up to date, incorporating a host of developments in the four years since ist first appearance, combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, covers the jurisprudence of the ECJ and of the Member States, and integrates thorough discussion of the pending proposal for a Brussels Ibis Regulation.

This truly European commentary offers invaluable guidance for lawyers, judges and academics throughout Europe.

The Brussels IIbis Regulation is the magna charta of cross-border divorce and cross-border lawsuits concerning parental responsibility in Europe. It has substantially changed the nature of lawyers'' advice to clients in such cases.

This commentary:- is the first ever English language article-by-article commentary on this very important piece of European legislation,- combines in-depth analysis with a genuine and truly European perspective, authored by top experts from all over Europe, and- provides for necessary guidance, as the European Court of Justice will not be passing guiding judgments in the foreseeable future.

This commentary will serve the need of an ever rising number of practitioners concerned with European divorce, custody, or child abduction cases, and it will certainly stir academic discussion all over Europe.The Brussels IIbis Regulation is the magna charta of cross-border divorce and cross-border lawsuits concerning parental responsibility in Europe. It has substantially changed the nature of lawyers'' advice to clients in such cases.