Center for Transnational Litigation and Commercial Law
The place where academics meet the demands of transnational legal practice
The Center for Transnational Litigation and Commercial Law has been established to advance the study and practice of international business transactions and the way to solve related disputes either through litigation or arbitration.
As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena. Subjects such as the appropriate degree of harmonization of domestic laws, sovereign and private lending to developing nations, choice of law in commercial transactions, the proper scope of international arbitration and litigation, and the role of private groups in promulgating principles that have international application will inevitably increase in importance in the immediate future, and both attorneys and their clients who are involved in projects that transcend national boundaries must have an increased understanding and appreciation of the implications of these areas.
What's New
1. Introduction: the general context of confidentiality in commercial arbitration As it has been stated by the French newspaper “Le Figaro” on September 9, 2008, “the custom is not to say who arbitrated what”. Confidentiality is considered to be one of the crucial features of commercial arbitration. Historically, arbitration proceedings – as well as arbitral
Read the Rest...Posted: Fri, 28 Dec 2012 01:58:03
A. Introduction There have recently been various cases where investors successfully asserted a violation of an international investment treaty on the grounds that the host State failed to recognize and enforce a commercial arbitral award as foreseen in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “New
Read the Rest...Posted: Wed, 05 Dec 2012 00:01:21
In the Middle Ages a new set of rules, based on usages and customs, was developed by merchants with the intention of settling disputes arising between them through an a-national body of rules. This system, named Lex mercatoria, allowed merchants to conclude transactions with different peoples without fear of being subjected to foreign rules in
Read the Rest...Posted: Thu, 22 Nov 2012 02:35:12
Professor Franco Ferrari, the Director of the Center, will give a talk and act as a moderator at a conference focusing on International Sales Law to be held on Nov. 15.th-16th, 2012, at Verona University School of Law, in Verona, Italy. Professor Ferrari, an expert on international sales law, will open the two-day conference and
Read the Rest...Posted: Tue, 13 Nov 2012 22:30:59
On Nov. 26th and 27th, the Center will co-host a conference on the effects of the CISG’s adoption in Brazil. Scholars from Brazil, Europe and the U.S. will discuss the impact the coming into force of the CISG will have in Brazil and the differences that exist between the CISG and Brazilian law. This event
Read the Rest...Posted: Sun, 11 Nov 2012 21:51:51
Posted: Sun, 28 Oct 2012 22:07:54
For a long time, the prospect of enforcing arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “New York Convention”) has set great incentives to comply with arbitral awards voluntarily.[1] One of the often-quoted advantages of arbitration is the perceived certainty that the national courts
Read the Rest...Posted: Thu, 18 Oct 2012 04:24:28
The NYU Center for Transnational Litigation and Commercial Law, the NYU Journal of International Law and Politics and the NYU International Law Society are pleased to invite you to the 18th Annual Herbert Rubin And Justice Rose Luttan Rubin International Law Symposium: Tug of War: The Tension Between Regulation and International Cooperation Thursday, October 25th,
Read the Rest...Posted: Wed, 17 Oct 2012 22:06:25
When I recently conducted research on “Arbitration in Banking and Finance”, the following question caught my particular attention: “Is there a need for a sovereign debt tribunal?”. Some authors have answered this question in the affirmative.[1] Others argue that “in accordance with the standard jurisdictional clauses in modern debt instruments, national courts are the proper
Read the Rest...Posted: Sun, 07 Oct 2012 22:57:17
Professor Franco Ferrari, Director of the Center for Transnational Litigation and Commercial Law, was voted Titular Member of the International Academy of Comparative Law (IACL). The IACL consists of scholars the principal aim of whom is, according to article 2 of its By-laws, “the comparative study of legal systems”. The Academy, which was founded at
Read the Rest...Posted: Thu, 04 Oct 2012 03:38:43
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