A Brief Analysis of the Expected and Non-expected Outcomes from the Application of the Rome I Regulation in the European Zone in Light of Islamic Cross-Border Transactions

2017 ◽  
pp. 213-231
Author(s):  
Sultan Abdulsalam
Keyword(s):  
Cross Border ◽  
Rome I ◽  
Expected Outcomes

Einstweiliger Rechtsschutz in grenzüberschreitenden Schiedsverfahren

2021 ◽  
Author(s):  
Julia Mink
Keyword(s):  
Civil Procedure ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
Cross Border ◽  
Arbitral Proceedings ◽  
Contractual Obligations ◽  
Substantive Law ◽  
Interim Measures ◽  
Rome I ◽  
Einstweiliger Rechtsschutz

The thesis focuses on the difficulties of determining the applicable law in interim proceedings in cross-border arbitral proceedings. First, it examines whether arbitral tribunals have a lex arbitri. Subsequently, the various possibilities of interim measures are described and the question is discussed whether arbitral tribunals have to refer to the Rome I Regulation or Section 1051 of the German Code of Civil Procedure in order to determine the applicable conflict of laws for contractual obligations. Then, it is analysed how the applicable substantive law is to be determined or how to proceed in case of non-determinability of such. Finally, the consequences of the application of a substitute law for the main proceedings are discussed.

Consumer Protection in the EU Conflict-of-Laws Framework

2019 ◽  
Vol 18 (1) ◽  
pp. 169-193
Author(s):  
Carlos Llorente
Keyword(s):  
Consumer Protection ◽  
Conflict Of Laws ◽  
Consumer Law ◽  
Cross Border ◽  
Consumer Contracts ◽  
Centre Of Rotation ◽  
Globalized World ◽  
Rome I ◽  
Insight Into ◽  
The Eu

Consumer law nowadays pervades all areas of activity where consumers are present. The EU, along with its Member States, is probably one of the leading actors in promoting consumer protection. Also, in a globalized world, where the fact of being a consumer is a valuable asset (given their purchasing power), the cross-border implications of consumer contracts need to be effectively tackled by legislators. The EU has tried to address global legal concerns concerning consumer contracts by producing conflict-of-law rules such as article 6 of the Rome I Regulation and others contained in specifically-focused directives. This article reviews the scope and application of those rules and offers some insight into the not-so-well construed interaction between them all, keeping in mind that article 6 of the Rome I Regulation should be the centre of rotation of all EU PIL law in this field.

scholarly journals Law Applicable to Consumer Contracts: Interaction of the Rome I Regulation and EU-directive-based Rules on Conflicts of Laws

2016 ◽  
Vol 24 ◽  
pp. 63 ◽  
Author(s):  
Ragne Piir ◽  
Karin Sein
Keyword(s):  
Consumer Protection ◽  
Legal Certainty ◽  
Conflict Of Laws ◽  
Cross Border ◽  
Eu Directive ◽  
Article 9 ◽  
Consumer Contracts ◽  
Mandatory Rules ◽  
Rome I ◽  
Apparent Problem

The article discusses the abundance and interaction of rules aimed at determining the law applicable to cross-border consumer contracts. Firstly, it examines whether there is a continuing need for conflict-of-laws rules that stem from consumer-related directives. It then addresses the question of whether the Estonian Law of Obligations Act’s conflict-of-laws rules comply with the consumer-related directives. Lastly, the relations between the conflict‑of‑laws rules stemming from consumer-related directives and the Rome I Regulation are analysed. The authors conclude that the level of consumer protection afforded by Rome I seems to allow for a waiver of the various simultaneously existing directive-based conflict rules. Such renunciation would not only resolve the issue of inaccurate transposition to national laws – an apparent problem for the Estonian legislator as well – but also contribute to legal certainty. While the conflict-of-laws rules of Rome I and the national directive-based rules coexist, the latter are to be considered subordinately to Rome I. The conflict rules of the Estonian Law of Obligations Act are deemed to be only domestically mandatory and therefore not to be viewed as overriding mandatory rules in the sense of Article 9 of Rome I.

Cross-Border Assignments under Rome I

2010 ◽  
Vol 6 (1) ◽  
pp. 1-21 ◽  
Author(s):  
Hendrik Le Verhagen ◽  
Sanne van Dongen
Keyword(s):  
Cross Border ◽  
Rome I

20 Luxembourg

2018 ◽  
Author(s):  
Wagner Henri
Keyword(s):  
Common Features ◽  
Cross Border ◽  
Rome Convention ◽  
Insolvency Regulation ◽  
Insolvency Proceedings ◽  
Rome I

This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.

Part F Cross-Border Issues, 42 Cross-Border Financial Services, Consumer Protection, and Unfair Contract Terms

2015 ◽  
Author(s):  
Proctor Charles
Keyword(s):  
Consumer Protection ◽  
Financial Services ◽  
Customer Relationship ◽  
Financial Instruments ◽  
Trading System ◽  
Consumer Law ◽  
Cross Border ◽  
Multilateral Trading System ◽  
Rome I ◽  
The Impact

This chapter considers the provisions of Rome I that deal specifically with financial instruments and contracts for the provision of financial services. It discusses the background to Rome I and its consumer protection rules; the meaning of ‘financial instruments’ for Rome I purposes; contracts concluded within a multilateral trading system (Articles 4(1)(h) and 6(4)(e)); consumer law exemptions applicable to financial instruments, rights issues, and takeover offers (Article 6(4)(d)); the consumer law exemption relating to foreign services (Article 6(4)(a)); the banker-customer relationship; and the impact of domestic consumer laws.

scholarly journals Ugovor o obaveznom osiguranju u međunarodnom privatnom pravu

2021 ◽  
Vol 20 (01) ◽  
pp. 8-23
Author(s):  
Mariusz Fras
Keyword(s):  
International Law ◽  
European Countries ◽  
Private International Law ◽  
Insurance Contracts ◽  
Cross Border ◽  
Compulsory Insurance ◽  
The World ◽  
Group Insurance ◽  
Rome I

Compulsory insurance is present in a vast majority of countries in the world and in all European countries. As international legal relations increasingly intensify, the market of cross-border insurance is also expanding. Despite entry into force of the provisions of the Rome I Regulation and the oncoming reform of the Brussels I bis Regulation, the European private international law, to the extent it governs compulsory insurance, is still a compromise. In the absence of a clear regime under the Rome I Regulation, doubts are still raised by the question of the pursuit for law applicable to group insurance contracts.

Should the Discussion on Whether Non-state Law might be Elected as the Governing Law of Contract be Silenced Forever?

2019 ◽  
pp. 81-99
Author(s):  
Lukáš Grodl
Keyword(s):  
European Union ◽  
State Law ◽  
The European Union ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Cross Border ◽  
Positive Law ◽  
European Development ◽  
Governing Law ◽  
Rome I

While the extent of the choice of law governing the cross-border contract is subjected to positive law, in the European Union being the Rome I Regulation, some always argued for expanded party autonomy regarding the non-state law. The European Commission proposed the incorporation of such in Rome I Regulation, but it has been ultimately rejected. This article considers the European development, debates whether discussion on non-state law being allowed as the governing law to a cross-border contract is still vital and provides an answer whether discussion on such should be ended or not.

scholarly journals Nature of Mediation Clauses from the Point of View of Private International Law

2019 ◽  
Vol 19 (2) ◽  
pp. 224-238
Author(s):  
Miluše Hrnčiříková
Keyword(s):  
International Law ◽  
Point Of View ◽  
Private International Law ◽  
Popular Method ◽  
Cross Border ◽  
The Law ◽  
Substantive Law ◽  
Governing Law ◽  
Rome I ◽  
Legal Consequences

Summary Mediation as a popular method of ADR is more and more often used while solving cross border disputes. Although the mediation clauses are included into the commercial contracts almost automatically, no attention is paid to its validity, enforceability and other legal consequences. The article provides a study on the nature of mediation clauses that crucially influences the law governing validity of mediation clauses. It is the position of the author that mediation clauses are primary institutes of the substantive law and thus the governing law should be determined in accordance with the Rome I regulation.

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