Private International Law Research Projects




  • Study on the question of effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person

BIICL is currently undertaking a comprehensive research study for the European Commission on proprietary aspects of assignment in the conflicts of laws.
Within the context of this study, empirical research has to be effectuated. BIICL has prepared an empirical questionnaire which can be downloaded here.

  • The Optional Instrument for European Contract Law

In late 2010 the Institute has given expertise to the European Parliament on the envisaged optional instrument for EU contract law and its relation with rules of private international law including rules on jurisdiction, recognition and enforcement. BIICL drafted a Briefing Note and presented it at a the EP Legal Affairs Committee workshop "An Optional Instrument for EU Contract law" in Brussels.

  • EU Regulation on International Successions

In 2010 the Institute has given expertise to the European Parliament evaluating the Commission Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession COM(2009)154 final. BIICL drafted a "Briefing Note on a possible decision by the UK not to take part in the adoption of an EU Regulation on international successions" and presented the Note at a JURI Committee Meeting in Brussels.

  • Collective Redress and the Brussels I Regulation

Also in 2010, the Institute drafted a research project entitled "Collective Redress and the Brussels I Regulation". This project examines to what extent the current version of the Brussels I Regulation (44/2001/EC) is adapted to the phenomenon of cross-border mass claims. The study equally focuses on the relatively recent Dutch legislation on the collective settlement of mass claims (Wet collectieve afwikkeling massaschade, WCAM).

  • Recognition and Effects of Judgments in Civil and Commercial Matters

In 2008, the Institute concluded a study of the preclusive effects of the recognition of judgments in civil and commercial matters in the EU for the European Commission. The study examined the legal practice of 10 countries, including Switzerland and the United States, in relation to domestic and foreign judgments. It also included an evaluation of Member State practice under the Brussels/Lugano Regime for the recognition and enforcement of judgments. The principle objectives of the project were to promote mutual recognition; to increase understanding of Member State rules regarding the authority and effectiveness of judgments; and to consider whether any disparities between Member State rules created an impediment to mutual recognition thereby supporting a potential EC-wide solution.

In 2006, the Institute was awarded a contract by the European Commission's Directorate-General for Justice, Freedom and Security to conduct a project on the extent to which legalisation (or equivalent formality) of a specified range of documents constitutes a barrier to the exercise of the freedoms established in the Treaties. The study, which concluded in 2007, engaged 25 national rapporteurs from each of the (then) 25 EU Member States to report on their national frameworks and to help the Institute discern whether such problems did indeed exist, identify their nature and frequency and possible solutions in the context of the Treaty freedoms and in the area of freedom, security and justice.

The Institute contributed to a study for the European Commission in 2006 and co-ordinated by the Institute for Private International Law in Heidelberg evaluating the application of the Brussels I Regulation (44/2001/EC) on jurisdiction and the recognition and enforcement of judgment in civil and commercial matters. The aim of the research was to conduct an empirical analysis of the application of the Regulation to date using detailed questionnaires and a selection of national rapporteurs from the Member States.