Rome I Regulation: binding authority for arbitral tribunals in the European Union?

Babić, Davor

doi:10.1080/17441048.2017.1288471

Journal of Private International Law

2017

DOI: 10.1080/17441048.2017.1288471

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Rome I Regulation: binding authority for arbitral tribunals in the European Union?

Davor Babić¹

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Alternative Dispute Resolution for Trademark Disputes

Werra¹

2020

The Cambridge Handbook of International and Comparative Trademark Law

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The challenges and costs of litigating (multi-territorial) trademark (similarly to other intellectual property) disputes before national courts are well-known. 1 This explains the growing importance of alternative dispute resolution (ADR) mechanisms, specifically arbitration, for solving trademark 2 (and other intellectual property) disputes. 3 In an international dispute, ADR can particularly offer the advantage to centralize the dispute resolution process and thus avoid the fragmentation before parallel regional or national courts. 4 The increasing reliance on and trust in ADR systems for solving trademark (and other IP) disputes is not surprising: it mirrors the growing importance of ADR in the general dispute resolution ecosystem. The significance of

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Alternative Dispute Resolution for Trademark Disputes

Werra¹

2020

The Cambridge Handbook of International and Comparative Trademark Law

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Applicability of Rome I Regulation in International Commercial Arbitration

Vlček¹

2019

Universal, Regional, National – Ways of the Development of Private International Law in 21st Century

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This contribution to the conference proceedings aims to describe the current views on the applicability of the Regulation on the law applicable to contractual obligations (Rome I Regulation) in international commercial arbitration. By means of literature review, the author introduces the arguments in favour and against its binding application before the arbitral tribunals. Furthermore, the author explains the consequences of its (non)application by an example of Czech law. Finally, the author draws attention to the difficulty of the proper application of EU law in arbitration on account of the Nordsee case.

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Rome I Regulation: binding authority for arbitral tribunals in the European Union?

Cited by 2 publications

References 0 publications

Alternative Dispute Resolution for Trademark Disputes

Alternative Dispute Resolution for Trademark Disputes

Applicability of Rome I Regulation in International Commercial Arbitration

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