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

14 Pages Posted: 20 Aug 2015

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; Radboud University Nijmegen

Multiple version iconThere are 2 versions of this paper

Date Written: August 13, 2015

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 (August 13, 2015). Available at SSRN: https://ssrn.com/abstract=2643519 or http://dx.doi.org/10.2139/ssrn.2643519

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/

Radboud University Nijmegen

Nijmegen, 6500 KK
Netherlands

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