Choice and Regulatory Competition: Rules on Choice of Law and Forum

13 Pages Posted: 19 Oct 2014

See all articles by Veerle Van Den Eeckhout

Veerle Van Den Eeckhout

Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law; University of Antwerp; Ghent University - Faculty of Law

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Date Written: October 17, 2014

Abstract

The paper analyzes Rules of Private International Law from the perspective of "Choice and regulatory competition."

The field of private international law (hereinafter "PIL") is known as an abstract and peculiar discipline. PIL could be considered peculiar because through the application of PIL a new dimension is added to the law: PIL is a field that determines whether, in private disputes with cross-border elements, a judge can hear a case according to rules of international jurisdiction and subsequently, according through rules of applicable law, which law will be applied by this court. On the one hand it may very well be the case that taking the added value given by PIL-rules this will possibly make the solution of the case more difficult and complicated. But on the other hand the very fact that a new dimension is added to the law through the application of PIL may grant to private actors - both individuals and companies - additional legal options in which new additional strategies can be followed.

Suggested Citation

Van Den Eeckhout, Veerle, Choice and Regulatory Competition: Rules on Choice of Law and Forum (October 17, 2014). Available at SSRN: https://ssrn.com/abstract=2511248 or http://dx.doi.org/10.2139/ssrn.2511248

Veerle Van Den Eeckhout (Contact Author)

Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law ( email )

4, rue Alphonse Weicker
Luxembourg, L-2721
Luxembourg

HOME PAGE: http://www.mpi.lu/the-institute/senior-research-fellows/veerle-van-den-eeckhout/

University of Antwerp ( email )

Prinsstraat 13
Antwerp, Antwerp 2000
Belgium

HOME PAGE: http://www.uantwerpen.be/nl/personeel/veerle-vandeneeckhout/

Ghent University - Faculty of Law ( email )

Universiteitstraat 4
Ghent, B-9000
Belgium

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