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Sara Migliorini

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Eva Lein

Biography Eva is Professor at the University of Lausanne and Director of the Comparative Law Center at BIICL. Her fields of expertise are private international law, international dispute resolution and comparative law with a special focus on contract law and, more recently, digitalisation. She has also been a Honorary Senior Lecturer at Queen Mary University of London and at Queen Mary, Institute in Paris, a Visiting Professor at different institutions, including the University Paris I (Sorbonne)…

Arbitration+3

Constance Bonze

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Teaching International Law Webinar Series

EVENTS Teaching International Law Webinar Series Event - Tags Share Links Event - Timings and Location        Event Details The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors - including scholars, practitioners, civil society…

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Concept Note 3 on the Effect of the 2020 Pandemic on Commercial Contracts

Concept Note 3 is a continuation of BIICL's "Breathing Space" series, which considers how the legal and business communities might respond to the COVID-19 pandemic in order to foster economic recovery. The Concept Note 3  proposes a set of practical guidelines which might be adopted to encourage a more conciliatory approach to contractual disputes that may arise, and which seek to avoid and/or minimise protracted legal disputes, without prejudicing or altering parties' legal rights. The…

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BIICL Releases Updated Concept Note

Extending the Breathing space concept BIICL has released an updated version of Concept Note 2 Concept Note 2 shows in detail which steps should be taken to minimise the risk of a deluge of disputes and to increase the prospect of constructive outcomes. Concept Note 2 argues, among other things, that the best policy approach in the case of many contracts is for the law: To support negotiated solutions to make viable contracts blighted by the pandemic work; To bring contracts made unviable…

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Collaborative Resolution of Disputes and COVID-19

EVENTS Collaborative Resolution of Disputes and COVID-19 Event - Tags Share Links Event - Timings and Location Recording of the webinar 260620 Collaborative Resolution of Disputes and COVID-19 recording Event Details The British Institute of International and Comparative Law (BIICL) has recently published two Concept Notes on…

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Breathing space - a Concept Note on the effect of the pandemic on commercial contracts

Breathing Space : A Concept Note on the effect of the pandemic on commercial contracts     "The challenge we face is how to act with sufficient strength and speed to prevent the recession from morphing into a prolonged depression made deeper by a plethora of defaults leaving irreversible damage".                                                    …

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BIICL Publishes Concept Note 2

"Breathing space" Concept Note 2 on the effect of the 2020 pandemic on commercial contracts Following its recent call for Breathing Space, BIICL has released Concept Note 2  which shows in detail which steps should be taken to minimise the risk of a deluge of disputes and to increase the prospect of constructive outcomes. Concept Note 2 argues, among other things, that the best policy approach in the case of many contracts is for the law: To support negotiated solutions…

Centre for Comparative Law+1

COM study on the Rome II Regulation

BIICL (in consortium with Civic Consulting) has been selected by the European Commission (DG Justice and Consumers) to conduct the study supporting the preparation of a report on the application of the Rome II Regulation on the law applicable to non-contractual obligations (Specific Contract JUST/2019/JCOO/FW/CIVI/0167 - 2020/03). The study will be completed over 12 months between May 2020 and April 2021 and will support the Commission in the future review of the Rome II Regulation.…

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UK accession to the 2007 Lugano Convention

On 8 April 2020, the United Kingdom deposited a request for re-accession to the 2007 Lugano Convention as an individual member. According to Art. 72 of the Convention, the UK accession requires the unanimous consent of all contracting parties. While Switzerland, Norway and Iceland have already announced their support, the European Union and Denmark (which is an individual member due to its special status in EU civil justice cooperation) still have to give their explicit consent. The accession…

Brexit+2

BIICL Publishes Concept Note 1

Breathing space - a Concept Note on the effect of the pandemic on commercial contracts BIICL has today published a Concept Note on the effects of the pandemic on commercial contracts and legal consideration in mitigating mass defaults. Read the press release 

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Herbert Smith Freehills Project Series

New Specialist Commercial Courts - Changing Dispute Resolution post Brexit? (2019/2020) Overview With support of Herbert Smith Freehills, the Center of Comparative Law is working on the project "New Specialist Commercial Courts - Changing Dispute Resolution post Brexit?" The project looks at the newly established Commercial Courts (CCs) in Europe and their possible impact on the European market for litigation. Legislative initiatives to create Commercial Courts have been put forward in…

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BIICL acts as the UK Hub of the European Law Institute

ELI UK Hub BIICL acts as the UK Hub of the European Law Institute. The UK Hub will be officially launched in autumn 2020. It aims at encouraging UK based ELI Members to participate in various ELI projects and to organise events in cooperation with the European Law Institute. The European Law Institute Founded in June 2011 as an entirely independent organisation, the European Law Institute (ELI) aims to improve the quality of European law, understood in the broadest sense. It seeks to…

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F.A. Mann (1907-1991) and his Contribution to English, German, European, and International Law

BIICL cooperates with the Humboldt University Berlin in a project on the renown lawyer Frederick Alexander ("Francis") Mann (1907-1991).  The project will use the extensive corpus of his documents, bequeathed to the Humboldt University, to explore how Mann influenced the development of English, German, European, and international law right up to the present day. Mann counts as one of the most significant jurists of the 20th century. A deeper engagement with the life and work of this…

Centre for Comparative Law

Justice for Micro, Small and Medium sized Enterprises

This project is led by Prof Petra Butler, Victoria University of Wellington in cooperation with various institutions, including BIICL (Prof Eva Lein). Recent research indicates that the current default system of international dispute resolution, by litigation in national courts, is not satisfactory for Micro, Small and Medium sized Enterprises ("MSMEs"). MSMEs generally respond to this dissatisfaction with either artificially restrict their cross-border trade or expose themselves to unacceptable…

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Study on Collective Redress for the European Commission

BIICL conducted a study for the European Commission, in a research consortium with Civic Consulting and Risk & Policy Analysts (RPA), and supported by the Office for Economic Policy and Regional Development (EPRD). The more than 1000 pages study analyses the state of collective redress in the EU in context of the implementation of the Commission Recommendation (2013/396/EU) on common principles for injunctive and compensatory collective redress mechanisms in the Member States. The…

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