This commentary focuses on Article 8.30 CETA, which is entitled ‘Ethics’ and sets ethical rules for the Members of the CETA Tribunal and the Appellate Tribunal. The European Commission presents this precept in a succinct paragraph, highlighting the key issues addressed and the main novelties...

Written in 2003-2004 as an early contribution to an EU-funded interuniversity project on the judicial cooperation in civil matters between the European Union's Member States and third countries, this article constitutes a concept paper providing a general overview of issues that are of interest,...

This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...

The scientific paper covers specific aspects of the partnership agreement, according to the provisions of the New Civil Code. The paper explains why the partnership agreement is different from other contracts set forth in the New Civil Code. It focuses mainly on answering the question if the...

The UK's withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the...

This paper attempts to analyse some of the factors which may increase the pressure to refer to EU law and EU jurisdictions when drafting contracts, particularly if no agreement is reached between the EU and UK on jurisdictional matters such that there is an absence of an adequate enforcement...

The European Small Claims Procedure is in general an instrument welcome tfor the enhancement it brings about to cross-border enforcement in the European Union. However, the regulation has several flaws, relating, inter alia, to its lack of consumer friendliness, and the lack of uniform rules...

This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

This article examines the differing legal treatment of pre-dispute consumer arbitration agreements in the European Union and the United States. Under the E.U. Directive on Unfair Terms in Consumer Contracts (particularly as implemented in the United Kingdom), most such agreements are invalid. In...

The paper introduces the DCFR, which is essentially the draft of a future EU Code of Obligations and works a bit like the UCC in the USA, as a model commercial code. After a brief historic justification of the draft, there is a presentation of what the DCFR can and cannot do at the present time....