Comparative Conflict of Laws in Contractual and Non-Contractual Obligations
This is a one credit course (14 class hours) that will be taught in four 3 1/2 hour sessions during the weeks of September 8-18, 2009. Evaluation will be by written in-class examination given after the completion of the course. A globalized economy and global mobility of citizens more and more often create lawsuits which are no longer purely domestic. This is true notably with lawsuits based on contracts or torts. Economic reasons, as well as the relevant systems of jurisdiction, may induce or even necessitate suing or being sued abroad. Suing or being sued abroad (and even the choice of alternatively foreign and domestic forums) implies considerations of the applicable law based on conflict of laws rules of the relevant courts. This course will cover new developments in conflict of laws rules within the European Union as laid down in two recent EC regulations on the Law Applicable to Contractual Obligations (Rome I Regulation) and on the Law Applicable to Non-Contractual Obligations (Rome II Regulation). The Rome I Regulation will enter into force by the end of 2009, while Rome II Regulation entered into force in January 2009. They will be the conflict of laws rules in all Member States of the European Union (except for Denmark). Hence, knowledge of these developments is of special interest to lawyers interested in international transactions. Coverage will include a comparison of recent developments in Europe and developments in the United States.