Choice and Regulatory Competition: Rules on Choice of Law and Forum
13 Pages Posted: 19 Oct 2014
Date Written: October 17, 2014
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.
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