国际私法与比较法论坛
跨境商事交易与海牙管辖权项目
(Cross-border Business Transaction & Hague Judgments Project)[Louise Ellen Teitz & Anselmo Reyes][5月14日]
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稿件来源: 中国人民大学法学院发布时间:2014-05-12 13:44:38

  演讲主题:

  跨境商事交易:预期风险和争议解决(Cross-border Business Transaction - Anticipating Risks and Resolving Disputes)(I) 海牙管辖权项目:选择法院和选择法律(Hague Judgments Project - the Choice of Court and the Choice of Law)(II)

  主 讲 人:

  Louise Ellen Teitz,海牙国际私法会议常设事务局一秘,Roger Williams大学教授

  Anselmo Reyes,海牙国际私法会议亚太区域办事处代表,香港大学教授

  主 持 人:赵秀文 中国人民大学法学院教授、国际仲裁研究所所长

  嘉 宾:杜焕芳 中国人民大学法学院副教授

  郑维炜 中国人民大学法学院助理教授

  Stephen Leonard 中国人民大学法学院助理教授

  朱勇 海牙国际私法会议亚太区域办事处法律官员

  时 间:2015年5月14日(周三)15:00-17:30

  地 点:中国人民大学明德法学楼725会议室

  讲座摘要(Abstracts)

  I. Cross-border Business Transaction - anticipating risks and resolving disputes

  1. Choice of forum and choice of law (and how that plays out in US) (and some mention of the Hague Choice of Court Convention);

  2. Party autonomy;

  3. Problems of litigation (jurisdiction as well) and enforcing judgments;

  4. Suits involving sovereigns and sovereign-owned entities;

  5. Some discussion of UCC vs CISG;

  6. Licensing and regulation of lawyers in US

  II. Hague Judgments Project - the Choice of Court and the Choice of Law

  The talk will review the Hague Judgments Project from its inception to the present day. It will discuss how the Project can lead to a substantial reduction in the costs of international commercial dispute resolution, especially international commercial arbitration. It will focus on 2 instruments which have emerged from the Project (the Choice of Court Agreements Convention and the Draft Principles on Choice of Law in International Commercial Contracts) and consider their potential effects. Finally it will suggest how law students at Renmin University can support the Project’s initiative and become more actively involved in the processes of private international law today.

  主讲人简介( Introduction)

  Professor Louise Ellen Teitz

  Louise Ellen Teitz is currently First Secretary, Hague Conference on Private International Law, The Hague, with primary responsibility for family law areas, including 1980 and 1996 Conventions, and related projects including mediation in family law matters, the “Malta Process” involving Sharia based legal systems, and relocation. She is Visiting Professor of Law at Boston University Law School (Spring 2014) and Professor of Law at Roger Williams Law School in Bristol, RI (founding faculty). Professor Teitz’s academic areas of expertise include private international law, international family law, civil procedure, international litigation and dispute resolution, comparative law, and professional responsibility. Professor Teitz is active in the American Bar Association, chaired several committees and divisions, and serves on the Council of the ABA International Law Section. She was a member of the US State Dept. Delegation for the Hague Judgments Convention, Choice of Court Convention, and Special Commission on Service, Evidence, and Apostille. Professor Teitz was Co-Reporter on the ULC (NCCUSL) on the Uniform Law to help implement the Hague Choice of Court Convention; a member of the ULC Joint Editorial Board on International Law; the ALI (including MCG Restatement (Fourth) of the Foreign Relations Law), International Association of Procedural Law, International Academy of Comparative Law, U.S. representative to the International Law Association’s International Commercial Arbitration and International Consumer Protection Committees, on the Executive Committee, American Branch of the International Law Association, and a member of ASADIP.

  Professor Anselmo Reyes

  Anselmo Reyes is Professor of Legal Practice at Hong Kong University, a position he assumed in October 2012. Prior to that, he was a judge of the High Court of Hong Kong from 2003-12. As judge, he was in charge of the Constitution and Arbitration List (2004-8) and the Commercial and Admiralty Lists (2008-12). He was called to the Hong Kong Bar in 1986, taking silk as Senior Counsel in May 2001. He was admitted to the Singapore Bar in 1995. In April 2013, he became Representative of the Asia-Pacific Regional Office of the Hague Conference on Private International Law. He also practices as a commercial arbitrator and an advocate in arbitrations. He is a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Hong Kong Institute of Arbitrators, and a CEDR Accredited Mediator. He is an Honorary Advisor of the College of Law at De La Salle University in Manila. He holds an AB (Economics) from Harvard and a BA (Law), LLM, and PhD from Cambridge.

  (编辑 魏渝萱 王峥)

(责任编辑:王映)
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