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
Civil law systems like the German one address jurisdictional questions through inflexible, statutorily-defined grounds of jurisdiction. Courts lack power to dismiss cases for forum non conveniens, and they have no discretion to accept jurisdiction when a valid choice-of-court agreement specifies a different forum. German legal scholars are particularly skeptical towards “flexible” common law jurisdictional doctrines
Read the Rest...Posted: Fri, 12 Apr 2013 23:16:20
According to a study by the School of International Arbitration of the Queen Mary College, University of London[1] over 90 % of the awards are complied with voluntarily. In recent years arbitral awards rendered against states or state parties have often resulted in multijurisdictional battles at the post award stage when the private party tried
Read the Rest...Posted: Fri, 05 Apr 2013 10:10:32
As of January 2014 a new private law recodification will enter into effect in the Czech Republic. While the cornerstone of this significant change of the Czech private law landscape is primarily the new Civil Code (No. 89/2012 Coll.) and the new Business Corporations Act (No. 90/2012 Coll.), international readers might be interested in the
Read the Rest...Posted: Sun, 31 Mar 2013 01:24:22
In Search of a Global Jurisprudence, 38 U.C.Dav. L. Rev. 1049 (2005) – was cited in Justice Ginsburg’s concurring opinion in the recent decision Chafin v. Chafin (Feb. 19, 2013). The Court held unanimously that an appeal from an order of return of the child to Scotland was not moot, notwithstanding that no stay had
Read the Rest...Posted: Mon, 25 Feb 2013 15:51:44
The Supreme Court of Germany cited a paper by Professor Franco Ferrari in a decision concerning the value to be attributed to a given INCOTERM. Professor Ferrari, who is the director of the Law School’s Center for Transnational Litigation and Commercial Law, is an expert on international sales law. In its November 7, 2012, the
Read the Rest...Posted: Mon, 25 Feb 2013 15:36:52
The right of access to justice guaranteed by article 6 of the European Convention of Human Rights (ECHR) and arbitration are predetermined to have a difficult relationship. The ECHR secures everyone the right to have their civil claims brought before a court or a tribunal[i] and financial obstacles should not impact this right.[ii] On the
Read the Rest...Posted: Fri, 22 Feb 2013 02:41:27
NYU’s Center for Transnational Litigation and Commercial Law will host a conference on “Forum Shopping in the International Commercial Arbitration Context” The list of speakers include Prof. George A. Bermann, Ms. Christopher Boog, Prof. Jack Coe, Jr., Prof. Filip De Ly, Mr. Domenico Di Pietro, Mr. John Fellas, Prof. Franco Ferrari, Mr. Brian King, Mr.
Read the Rest...Posted: Fri, 01 Feb 2013 15:45:34
On February 11th, the Center – in collaboration with The American Society of International Law – will host a panel discussion on the role of the Permanent Court of Arbitration today. The event will feature keynote remarks by PCA Secretary General Hugo H. Siblesz and a distinguished panel of experts, Michael Reisman, Yale Law School
Read the Rest...Posted: Thu, 31 Jan 2013 15:59:07
1. Introduction On November 16, 2012, the Milan Chamber of Arbitration has hosted its 3rd Annual Conference in international arbitration. The aim of this contribution is to briefly report the lively discussion related to the main topic of the conference – the seat of arbitration – to express some comments on this issue and hopefully
Read the Rest...Posted: Sun, 06 Jan 2013 21:07:22
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
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