Robo-Judge Meets Elastic Man: European & American Approaches to Private International Law

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 -