European & American Approaches to Private International Law
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.
Rettens Magt - Magtens Ret: Festskrift Til Henning Koch, 2014, p. 259-270
Comparative analysis; jurisdiction; International ret; The Faculty of Law