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Conflict of Laws in a Globalized World

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

ISBN13: 9780521871303
Published: September 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £82.00
Paperback edition , ISBN13 9780521174015

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This book is a contribution to the evolving transatlantic dialogue on the conflict of laws as well as a tribute to Professor Arthur von Mehren from the Harvard Law School. 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 cooperation ranging from the design of judgments conventions in general to the recently adopted Hague Convention on Choice of Court Agreements and from current 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 and transatlantic relationships. They cover comparative and economic dimensions of party autonomy, reflect on current discussions in the choice of law relating to intellectual property rights, and engage in critical discussions about the applicable law in antitrust law litigation, international arbitration, and actions for punitive damages.

Conflict of Laws
Editor’s preface
Bibliographical note
Part I. Remembering Arthur T. von Mehren: 1. The last Euro-American legal scholar? Arthur Taylor von Mehren (1922 - 2006) Jürgen Basedow
2. Arthur Taylor von Mehren and the Joseph Story Research Fellowship Peter L. Murray
3. Building bridges between legal systems - the life and work of Arthur T. von Mehren Michael von Hinden
Part II. Transatlantic Litigation and Judicial Cooperation in Civil and Commercial Matters: 4. Some fundamental jurisdictional conceptions as applied in judgement conventions Ralf Michaels
5. The Hague Convention on Choice-of-Court Agreements - was it worth the effort? Christian Thiele
6. Lis Pendens, negative declaratory-judgement actions and the first-in-time principle Martin Gebauer
7. Recent German jurisprudence on cooperation with the US in civil and commercial matters: a defense of sovereignty or judicial protectionism? Jan von Hein
8. Collective litigation German style - the act on model proceedings in capital market disputes Moritz Balz and Feliz Blobel
Part III. Choice of Law in Transatlantic Relationships: 9. Party autonomy in the private international law of contracts: transatlantic convergence and economic efficiency Gisela Ruhl
10. The law applicable to intellectual property rights: is the Lex Loci Protectionis a pertinent choice of law approach? Eckart Gottschalk
11. The extraterritorial reach of antitrust law between legal imperialism and harmonious co-existence: the empagram judgement of the US Supreme Court from a European perpective Dietmar Baetge
12. Mandatory elements of the Choice-of-Law Process in international arbitration - some reflections on Teubnerian and Kelsenian legal theory Matthias Weller
13. Application of foreign law to determine punitive damages- a recent US Court contribution to Choice-of-Law evolution Oliver Furtak.