Robo-Judge Meets Elastic Man: European & American Approaches to Private International Law
Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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Robo-Judge Meets Elastic Man : European & American Approaches to Private International Law. / Lookofsky, Joseph.
Rettens magt - Magtens ret: Festskrift til Henning Koch. ed. / Helle Krunke; Jens Elo Rytter; Jørn Vestergaard; Kristian Lauta; Peter Blume. København : Djøf Forlag, 2014. p. 259-270.Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review
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TY - CHAP
T1 - Robo-Judge Meets Elastic Man
T2 - European & American Approaches to Private International Law
AU - Lookofsky, Joseph
PY - 2014
Y1 - 2014
N2 - Should the comparative study of law focus on similarities or differences? As regards the exercise of jurisdiction to adjudicate transborder contract disputes, the author uses concrete, case-based examples to compare the jurisdictional rules applied by courts in Europe with those applied in the United States. In this context – as in other transatlantic PIL contexts, the author finds it most appropriate to focus on differences. For whereas courts in the European region are typically required to decide jurisdictional issues solely on the basis of rigidly defined specific factors, such as the place of a performance of a given contractual obligation or the place where the party who renders a given type of performance resides, courts in the United States follow rules cut from a very different cloth, with jurisdictional determinations based on a mélange of flexible factors involving complex evaluations as to what seems reasonable and fair in the concrete case.
AB - Should the comparative study of law focus on similarities or differences? As regards the exercise of jurisdiction to adjudicate transborder contract disputes, the author uses concrete, case-based examples to compare the jurisdictional rules applied by courts in Europe with those applied in the United States. In this context – as in other transatlantic PIL contexts, the author finds it most appropriate to focus on differences. For whereas courts in the European region are typically required to decide jurisdictional issues solely on the basis of rigidly defined specific factors, such as the place of a performance of a given contractual obligation or the place where the party who renders a given type of performance resides, courts in the United States follow rules cut from a very different cloth, with jurisdictional determinations based on a mélange of flexible factors involving complex evaluations as to what seems reasonable and fair in the concrete case.
KW - Faculty of Law
KW - Comparative analysis
KW - jurisdiction
KW - International ret
M3 - Book chapter
SN - 978-87-574-3223-7
SP - 259
EP - 270
BT - Rettens magt - Magtens ret
A2 - Krunke, Helle
A2 - Rytter, Jens Elo
A2 - Vestergaard, Jørn
A2 - Lauta, Kristian
A2 - Blume, Peter
PB - Djøf Forlag
CY - København
ER -
ID: 117073996