In order to strengthen the efficacy of the Brussels I Regulation (recast), which has already been shown to operate effectively, it is suggested to complete it with specific rules aimed at circumscribing the jurisdictional power in respect of extra-EU cases, together with specific rules on...

This study allows to suggest two different solutions to ascertain the law applicable to transactions defrauding creditors in legal actions filed outside insolvency proceedings. A national conflict of laws rule may well prescribe the application of the lex fori as occurs in the Swiss legal order....

The 1980 Hague Convention must be read today in light of the 2011 Istanbul Convention that brings to full light that violence against women is a world-wide phenomenon, and “one of the most serious forms of gender-based violations of human rights in Europe that is still shrouded in silence”....

The present article offers perspectives on the possible adaptation of traditional connecting factors to the digital space. It analyses cases that pit platform users against each other and cases that pit platform users against the digital platform itself. For the first set of cases, reliable...

La version en anglais de ce document est disponible ici : http://ssrn.com/abstract=1963155 The effective development of mutual trust requires a solid foundation. Asserting such trust a priori could compromise relationships between different States rather than accelerating the process of...

The article challenges the traditional view seeing provisional measures as part of procedural law, thus subject to the lex fori. It shows that there is plenty of room for the application of the lex causae, especially in family matters and as regards measures anticipating the merits of the...