Lis Pendens and Jurisdiction Clauses: Open Issues

in EU Civil Justice: Current Issues and Future Outlook (2015)

Une Lex Mercatoria pour la zone Méditerranée ? Une analyse empirique des pratiques des opérateurs du commerce international

in Vers une lex mediterranea de l'arbitrage dans les pays de l'Union pour la mediterranee (2015)

Commentary on the Unidroit Principles of International Commercial Contracts (UPICC), Art 1.4

in Vogenauer, Stefan (Ed.) Commentary on the Unidroit Principles of International Commercial Contracts (UPICC) (2015)

This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on ... [more ▼]

This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition. [less ▲]

Право, устанавливающее сроки давности в отношении арбитражных решений

in Herald of Civil Procedure (2015)

Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC), Art 3.3.2

in Vogenauer, Stefan (Ed.) Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (2015)

This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on ... [more ▼]

This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered for the first time in this new edition. [less ▲]

The International Market for Contracts - The most Attractive Contract Laws

in Northwestern Journal of International Law and Business (2014)

The aim of this Article is to contribute to a better understanding of the international contracting process by unveiling the factors which influence international commercial actors when choosing the law ... [more ▼]

The aim of this Article is to contribute to a better understanding of the international contracting process by unveiling the factors which influence international commercial actors when choosing the law governing their transactions. Based on the empirical study of more than 4,400 international contracts concluded by close to 12,000 parties participating in arbitrations under the aegis of the International Chamber of Commerce, the Article offers a method of measuring the international attractiveness of contract laws. It shows that parties’ preferences are quite homogenous and that the laws of five jurisdictions dominate the international market for contracts. Among them, two are chosen three times more often than their closest competitors: English and Swiss laws. The Article then inquires which features made these laws more attractive than others and seeks to verify whether the postulate that international commercial parties are rational actors is true. It concludes that while some parties might have the resources to study the content of available laws before deciding which one to choose, others have no intention of investing such resources and are happy to rely on cheaper means to assess the content of foreign laws, including proxies. Furthermore, some parties suffer from cognitive limitations, the most important of which being the fear of the unknown and the correlative need for selecting a law resembling their own. Finally, unsophisticated parties might not fully appreciate the extent of their freedom to choose the law governing their transaction and might wrongly believe that it is constrained by largely irrelevant factors such as the venue of the arbitration. [less ▲]

The Merchant who would not be King – Unreasoned Fears about Private Lawmaking

in Private International Law and Global Governance (2014)

CODE DE DROIT INTERNATIONAL PRIVE LUXEMBOURGEOIS

Book published by Larcier (2014)

National Reports on France and Luxembourg

in European Insolvency Law (2014)

Three theories of Lex Mercatoria

in Columbia Journal of Transnational Law (2014), 52