This project is ongoing.
Principle Investigator
Dr. Benedikt Schmitz, LL.M.
Contributors
Chukwuma Okoli, Theophilus Edwin Coleman, Andreas Schwartze, Cedric Vanleenhove, Ilia Lassin, Ivana Kunda, Nicholas Mouttotos, Pavel Koukal, Gea Lepik, Ilaria Pretelli, Michael Stürner, Konstantinos A. Rokas, Ferenc Szilágyi, Yağmur Hortoğlu Grant, Elisabetta Bergamini, Katarzyna Bogdziewicz, Mykolas Kirkutis, Benedikt Schmitz, Anna Wysocka-Bar, Anabela Gonçalves, Sergiu Popovici, Dominika Moravcová, Karmen Lutman, Anna María Ruiz Martín, Beatriz Añoveros Terradas, Gunnar Bramstång, Thomas Kadner Graziano, Grégory Stauffer, Ceyda Süral Efeçınar, Ekin Ömeroğlu, Ross R-S Pey, Giesela Rühl
This book provides practitioners with the fundamental knowledge on questions of applicable law needed to pursue cross-border commercial cases in 22 EU and 4 non-EU territories. It explains how domestic judges ascertain and apply foreign law, a recurring and often decisive issue in cross-border litigation.
In consumer and employment cases, businesses are exposed to jurisdiction in the consumer’s or employee’s domicile. Practitioners must therefore be aware of important procedural aspects of other domestic legal orders. This book supports practitioners by removing the need to investigate foreign civil procedure independently. It presents key procedural information in English, enabling smoother civil proceedings in foreign courts. It also shows how choice of law clauses may adversely affect a business’s legal position.
The EU law principle of procedural autonomy leads to differing civil procedure rules across the EU. Through 26 national reports, this volume explores those rules in cross-border cases. A comparative report provides an overview of the methods used in domestic legal systems, while individual country reports allow readers to gain insights into specific jurisdictions. In addition to its practice-oriented analysis, the book discusses how the ascertainment and application of foreign law can be improved, including proposals to abolish party autonomy in consumer contracts and to reconsider it in employment contracts.
This book is aimed at legal practitioners, judges, and academics in the EU and beyond.
