Choice-of-Law Rules in the EU – Special Issues with Respect to Community Rights – Infringement of Community Trade Marks and Applicable Law

2014 ◽  
Keyword(s):  
Choice Of Law ◽  
Trade Marks ◽  
Applicable Law ◽  
Community Rights ◽  
The Eu

Consumer Protection and Jurisdiction

2021 ◽  
pp. 331-368
Author(s):  
Julia Hörnle
Keyword(s):  
Consumer Protection ◽  
Private International Law ◽  
Undue Influence ◽  
Choice Of Law ◽  
Applicable Law ◽  
Business Interests ◽  
The Us ◽  
Consumer Contracts ◽  
Rome I ◽  
The Eu

Chapter 10 examines the validity and enforceability of forum selection (jurisdiction) and choice of law (applicable law) clauses in consumer contracts in the US and in the EU, comparing two differing approaches to finding a balance between business’ interests, transactional efficiency, and consumer protection in e-commerce. The chapter explains the US jurisprudence, which has established a presumption in favour of the validity of jurisdiction and choice of law clauses in the absence of fraud, undue influence, or overweening bargaining power (US Supreme Court in Bremen and Carnival Cruise Lines v Shute). It contrasts the contractual analysis in the US, which may hold certain forms of clauses in adhesion contracts unenforceable, depending on the applicable state law with the stricter public policy approach in the EU, which implements consumer protection law through its private international law rules in the Brussels I Regulation and the Rome I Regulation. It examines the EU rules with respect to the types of consumers and consumer contracts to which the protective jurisdictional rules apply. The chapter critically analyses the jurisprudence on jurisdiction in internet and e-commerce cases and incisively conceptualizes the legal approaches and latest developments on both sides of the Atlantic. This includes the directing/targeting line of cases after Pammer/Alpenhof in the EU.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

scholarly journals 8. General principles of EU law and EU administrative law

2017 ◽  
Author(s):  
Herwig C H Hofmann
Keyword(s):  
Administrative Law ◽  
Eu Law ◽  
Applicable Law ◽  
Administrative Action ◽  
The Eu

This chapter examines the steps which take place after legislation has been passed. It also looks at the principles and rules that exist to ensure the legality and legitimacy of administrative action implementing EU law. It begins with an overview of the key institutions and agencies of the EU and what they do. It then discusses the applicable law which is key to developing notions of accountability and the protection of rights in this field.

Civil and Commercial Cases in the EU: Jurisdiction, Recognition, and Enforcement, Applicable Law—Brussels Regulation, Rome I and II Regulations

2021 ◽  
pp. 264-288
Author(s):  
Julia Hörnle
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
Special Rules ◽  
Contractual Obligations ◽  
Rome I ◽  
Brussels Regulation ◽  
The Eu

Chapter 8 examines the harmonized provisions on private international law in the EU. It discusses the conflict of law rules in civil and commercial matters contained in the Brussels Regulation on Jurisdiction and the Rome I Regulation (applicable law contracts) and Rome II Regulation (non-contractual obligations). It analyses their scope of application and the general and special rules of jurisdiction for contract and torts, and the law applicable to different types of contracts and non-contractual liability. It provides a general overview of the main aspects of private international law in the EU and how this applies in internet cases.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 14 Ethiopia: Ethiopian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Gebremeskel Fekadu Petros
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
The Subject ◽  
The Hague ◽  
Federal Supreme

This chapter reflects on Ethiopian perspectives on the Hague Principles. Ethiopia does not have a codified law regulating matters of private international law, nor is there detailed case law from which one could derive key principles of the subject. While the shortage of private international law in Ethiopia is evident, the problem is most severe in the area of applicable law. In relation to party autonomy in choice of law, the Federal Supreme Court’s Cassation Division has handed down some interesting decisions, and these indeed have the force of law in Ethiopia. Nevertheless, the approach of the Ethiopian courts in respect of party autonomy is not very developed and clear, including in the field of international commercial contracts. While it would be prudent for Ethiopian courts to refer to the Hague Principles as persuasive authority, this requires awareness of the existence of the Hague Principles. In the long term, the Hague Principles will surely find their way into Ethiopian law.

1 The Law Applicable to International Arbitration in New York

2016 ◽  
Author(s):  
Lindsey David M ◽  
Lahlou Yasmine
Keyword(s):  
New York ◽  
New York State ◽  
State Law ◽  
International Arbitration ◽  
Choice Of Law ◽  
York State ◽  
Applicable Law ◽  
Foreign Law ◽  
New York Convention ◽  
The U.S

This chapter focuses on applicable arbitration law in the context of arbitration agreements and awards that fall under the New York Convention or the Panama Convention, and how those two treaties interact with the U.S. Federal Arbitration Act (FAA), New York state law, and possibly foreign law in the context of international arbitration in New York. It first summarizes the FAA and explains FAA preemption of state law that is inconsistent with the FAA. The chapter then discusses the application of the Conventions and difficult issues that can arise when determining the applicable law. In particular, it focuses on choice of law issues that arise when enforcing the agreement to arbitrate under Article II of the New York Convention. U.S. courts have struggled to employ a consistent choice of law analysis when interpreting the “null and void” provisions in Article II(3) of the Convention.

scholarly journals Applicable Law to Transnational Personal Data: Trends and Dynamics

2020 ◽  
Vol 21 (6) ◽  
pp. 1283-1308
Author(s):  
Jie (Jeanne) Huang
Keyword(s):  
Data Protection ◽  
Personal Data ◽  
Chinese Media ◽  
Applicable Law ◽  
Personal Data Protection ◽  
Regional Coordination ◽  
The Law ◽  
Model Law ◽  
The Right ◽  
The Eu

AbstractThe recent COVID-19 outbreak has pushed the tension of protecting personal data in a transnational context to an apex. Using a real case where the personal data of an international traveler was illegally released by Chinese media, this Article identifies three trends that have emerged at each stage of conflict-of-laws analysis for lex causae: (1) The EU, the US, and China characterize the right to personal data differently; (2) the spread-out unilateral applicable law approach comes from the fact that all three jurisdictions either consider the law for personal data protection as a mandatory law or adopt connecting factors leading to the law of the forum; and (3) the EU and China strongly advocate deAmericanization of substantive data protection laws. The trends and their dynamics provide valuable implications for developing the choice of laws for transnational personal data. First, this finding informs parties that jurisdiction is a predominant issue in data breach cases because courts and regulators would apply the law of the forum. Second, currently, there is no international treaty or model law on choice-of-law issues for transnational personal data. International harmonization efforts will be a long and difficult journey considering how the trends demonstrate not only the states’ irreconcilable interests but also how states may consider these interests as their fundamental values that they do not want to trade off. Therefore, for states and international organizations, a feasible priority is to achieve regional coordination or interoperation among states with similar values on personal data protection.

THE CHOICE OF LAW AGREEMENT AS A REASON FOR EXERCISING JURISDICTION

2014 ◽  
Vol 63 (4) ◽  
pp. 963-975 ◽  
Author(s):  
Maria Hook
Keyword(s):  
Choice Of Law ◽  
Applicable Law

AbstractThis article examines the effect of choice of law agreements on the courts’ exercise of jurisdiction. In particular, it considers whether English courts ought to exercise jurisdiction to uphold choice of law agreements that would otherwise be defeated in a competing forum. Two reasons have been advanced in support of this approach: that courts should prioritize the choice of law rules of the forum; and that the parties should be held to their agreement on the applicable law. This article argues that neither of these reasons is justifiable in principle.

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