Cross-border elements as a prerequisite for choice of law under article 3 of the Rome I Regulation

Dr Hannes Wais, Senior Research Fellow at the Institute for Comparative Law, Conflict of Laws and International Business Law at Heidelberg University will join us for a presentation and discussion on 'Cross-border elements as a prerequisite for choice of law under article 3 Rome I Regulation'.

The meeting will take place in the Old Dining Hall at St Edmund Hall from 12.30 to 1.30pm. Lunch will be served until 2pm. Please send any dietary requirements to conflictoflaws@law.ox.ac.uk. 

Abstract: 

In my talk, I first show how differently German and English courts interpret Article 3 (3) of the Rome I Regulation (and the prerequisite of a cross-border element)  by comparing a recent decision of the German Federal Court of Justice to the relevant English cases such as Dexia and Banca Intesa. I then point out what makes dealing with the cross-border element so difficult, before I present some thoughts on how to make this requirement more tangible. These thoughts are based on an analysis of the (possible) foundations of party autonomy.

This event is generously supported by Twenty Essex and St Edmund Hall