English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

Business contractors increasingly find themselves involved in a private or commercial law relationship with cross-border elements because of the fact that, e.g. the plaintiff and the defendant may reside in different EU Member States, contract performance is due in a ‘foreign’ legal order, a court from a ‘foreign’ country has been designated by the parties, etc. Such cross-border elements may give rise to a dispute culminating into court litigation. The very first question to be answered then is: in which legal order may – or perhaps even must – proceedings be initiated? And, subsequently, how do we deal with the issue that sovereign states tend to be reluctant in recognizing, let alone enforcing, foreign court orders? The strive for a (European) Single Market yet presupposes the breaking down of (procedural as well as substantive) legal barriers emanating from the crossborder nature of private law relationships, notably business transactions. Ideally speaking, this objective could be attained when, substantively speaking, private and commercial laws would be uniform throughout the entire Market. But even to date, private and commercial law – inasmuch not harmonized at the EU level, let alone made uniform by EU Regulations or international conventions – largely remains the domain of national law of each individual EU Member State. Consequently, private and commercial law-related disputes showing ties with two or perhaps even more EU Member States inevitably give rise to three questions to be answered: (1) The court of which legal order (i.e. EU Member State or other) must be attributed jurisdiction? (2) Which applicable (national) law applies in court proceedings? And last but certainly not least, (3) how far are court judgments as well as other ex officio documents to be recognized and, even more important to the business world, enforced in other legal orders? Even more, this question comes up in case of businesses declining, i.e. situations involving cross-border insolvency.

EU Law Reform: Cross-Border Civil and Commercial Procedural Law and Cross-Border Insolvency Law