Cross-border Commercial Litigation –
Do We Need a Permanent European Commercial Court?
Cross-border Commercial Litigation –
Do We Need a Permanent European Commercial Court?
Author(s): Stephan RammelooSubject(s): Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law
Published by: Universul Juridic
Keywords: Cross-border commercial conflict adjudication; European Commercial Court; Institutional EU Framework; Conflict of laws;
Summary/Abstract: September 2018 a European Parliament study titled ‘Building Competence in Commercial Law in the Member States’ inter alia launched the initiative to install a brand new ‘European’ Commercial Court (ECC). This ECC aims at adjudicating cross-border commercial disputes as ‘optional’ court operating complementary to court proceedings in EU Member State courts. This contribution attempts to analyse versatile issues in respect of the institutional legal basis of a future ECC under the TFEU as well as its main characteristics, and, furthermore, matters concerning conflict of laws (choice of forum, proper law of the contract, national laws and Contract Principles, recognition and enforcement of ECC judgments) and substantive law related questions. Any draft proposal text for an ECC Regulation so far missing, ‘impressions’ rather than conclusions can be drawn from this inquiry.
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2019
- Issue No: 1
- Page Range: 19-34
- Page Count: 16
- Language: English