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Franco Ferrari

    January 1, 1965
    Münchener Kommentar zum Handelsgesetzbuch Bd. 5: Viertes Buch. Handelsgeschäfte
    The CISG and its impact on national legal systems
    Conflict of laws in international arbitration
    Rome I regulation
    Forum shopping in the international commercial arbitration context
    Legal Immigrant, Illegal Immigrant
    • 2015

      Rome I regulation

      • 533 pages
      • 19 hours of reading

      The Rome I Regulation creates a common regime of conflict of law rules on international contract law for (most of the) EU Member States. These rules apply to both contractual and non-contractual disputes - a fact that poses great challenges to legal practitioners in every Member State, as there exists only little case law regarding this field of law. The book solves these challenges by providing an article-by-article commentary which explains the underlying concepts and suggests solutions for problems that have arisen or may arise in the application of the regulation. This is the second volume of series of pocket commentaries on European regulations and international conventions in the area of conflict of laws. The series is meant to provide a first reference to the legal texts covered. ( Pocket Commentaries on European Regulations and International Conventions - Vol. 2)

      Rome I regulation
    • 2013

      For many, „forum shopping“ is a term with disparaging connotations, indicating something „evil“. That is why various policies against forum shopping exist, both on a domestic and an international level. As for the reasons adduced in justification of this anti-forum shopping stance, they include the assertion that forum shopping goes against the principle of consistency of outcomes, that it overburdens certain courts and creates unnecessary expenses. May a litigant pursue the most favorable, rather than the simplest or closest, forum? To what extent is forum shopping relevant in the international commercial arbitration context? The contributions published in this book, written by renowned authors, provide answers to these and more questions.

      Forum shopping in the international commercial arbitration context
    • 2011

      Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of 'conflict of laws' problems relating to procedural questions, as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no lex fori in the proper sense, providing the relevant conflict rules to determine the applicable law. This raises the question of which conflict of laws rules apply and, consequently, the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of conflict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This book examines the arbitration agreement, the jurisdiction of the arbitral tribunal, the law applicable to the merits, and the arbitration procedure.

      Conflict of laws in international arbitration
    • 2008

      Legal Immigrant, Illegal Immigrant

      What Made This Country Great and What Will Tear It Apart The Franco Ferrari Story

      • 240 pages
      • 9 hours of reading

      The book explores the profound impact of immigrants on the development and strength of America, highlighting how nearly all American citizens have immigrant ancestry. It emphasizes the contributions of these individuals in shaping the nation and celebrating the diversity that has fueled its growth and greatness.

      Legal Immigrant, Illegal Immigrant
    • 2008

      In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes - through 24 country reports as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City - to what extent the Convention de facto influences domestic legal systems. In particular, the book examines the Convention's impact on the practice of law, the style of court decisions as well as the domestic legislation in the area of contract law.

      The CISG and its impact on national legal systems