Conflicting Decisions in International Commercial Arbitration

Chapters in this book

1. Frontmatter i
2. Table of Contents vii
3. Foreword x
4. Abbreviations xi
5. Doctrine
6. The Spatial Scope of the Eu’s Rules on Jurisdiction and Enforcement of Judgments: From Bilateral Modus to Unilateral Universality? 1
7. Conflicting Decisions in International Commercial Arbitration 37
8. A Semiotics of Private International Legal Argument 51
9. Solving the Riddle of Conflicting Choice of Law Clauses in Battle of Forms Situations: The Hague Solution 71
10. Recognition of a Foreign Judgment Overturned by a Non-Recognisable Judgment 103
11. The Use of Force, Human Rights Violations and the Scope of the Brussels I Regulation 113
12. A General Part for European Private International Law?
13. The Idea of a “Rome 0 Regulation” 137
14. The Methodology and the General Part of the Portuguese Private International Law Codification: A Possible Source of Inspiration for the European Legislator? 153
15. Protection of Personality Rights
16. New Developments in the United Kingdom: The Defamation Act 2013 173
17. Internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States 181
18. Jurisdiction in Case of Personality Torts Committed over the Internet: A Proposal for a Targeting Test 205
19. A Topless Duchess and Caricatures of the Prophet Mohammed: A Flexible Conflict of Laws Rule for Crossborder Infringements of Privacy and Reputation 247
20. The Chinese Private International Law Acts: Some Selected Issues
21. Creation and Perfection of China’s Law Applicable to Foreign-Related Civil Relations 269
22. Legislation and Practice on Proof of Foreign Law in China 289
23. Mandatory Rules in Private International Law in the People’s Republic of China 305
24. Changes to Habitual Residence in China’s Lex Personalis 323
25. The Codification of Conflict of Laws in China: What Has/Hasn’t Yet Been Done for Cross-Border Torts? 341
26. The Applicable Law to Rights in rem under the Act on the Law Applicable to Foreign-Related Civil Relations of the People’s Republic of China 353
27. The New Conflicts Rules for Family and Inheritance Matters in China 369
28. News from Brussels
29. The Proposal for a Common European Sales Law: A Snapshot of the Debate 385
30. Key Points on the Determination of International Jurisdiction in the New EU Regulation on Succession and Wills 409
31. National Reports
32. The Limitation and Scope of the Israeli Court’s International Jurisdiction in Succession Matters 425
33. Do You Speak Mareva? How Worldwide Freezing Orders Are Enforced in Switzerland 443
34. All Aboard For The Fertility Express Surrogacy And Human Rights In India 455
35. Pleading and Proof of Foreign Law in Finland 465
36. The International Jurisdiction of the Turkish Courts on Personal Status of Turkish Nationals 477
37. Forum
38. Suing Corporations in a Global World: A Role for Transnational Jurisdictional Cooperation? 493
39. The Weakening of the Nation-State and Private International Law: The “Right to International Mobility” 519
40. Chaos Renewed: The Rome I Regulation vs Other Sources of EU Law: A Classification of Conflicting Provisions 539
41. Index 560