Tag Archives: Comparative law

Roundtable on Comparative Law and Interdisciplinarity: Practical Approaches

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

The University of Bristol Law School hosted a roundtable on Practical Approaches towards Comparative Law and Interdisciplinarity on 8 February 2017. It was organised by Dr Giorgia Guerra (University of Padua, Italy) and Dr Jule Mulder (University of Bristol, UK). The roundtable brought together a number of comparative law researchers and provided a small and informal forum to consider interdisciplinary approaches within the context of European comparative private law and constitutional law. It explored how research on modern technologies, social sciences and arts and humanities can enrich comparative law projects within the context of (European) private and constitutional law. The presentations were chaired by Dr Athanasios Psygkas and Prof Paula Giliker. Continue reading

The law governing an arbitration clause

By Prof Jonathan Hill, Professor of Law (University of Bristol Law School).

A leading commentator has observed that ‘[t]he choice of the law applicable to an international commercial arbitration agreement is a complex subject’ (Born, International Commercial Arbitration (2nd edn, 2014) p 472). This complexity is reflected by the case law illustrating that the courts of different countries adopt different approaches to certain common scenarios. One area of divergence is the case where parties to a contract containing an arbitration clause choose state A as the seat of arbitration, but the law of state B as the law governing the matrix contract: which law governs the arbitration clause – the law of the seat or the law of the country chosen to govern the substantive contract?

Some legal systems, influenced in part by the doctrine separability (according to which a contractual arbitration clause is, conceptually, treated as a contract separate and independent from the matrix contract) and article V.1.a of the New York Convention of 1958, take the view that, in the absence of an express choice by the parties of the law applicable to the arbitration clause, the law of the seat should govern questions of material validity. English law, however, has never taken this view – although, arguably, the Court of Appeal came close to doing so in C v D [2007] EWCA Civ 1282. Continue reading

EU Non-Discrimination Law in the Courts. Approaches to Sex and Sexualities Discrimination in EU Law

By Dr Jule Mulder, Lecturer in Law (University of Bristol Law School).

img_6534In January 2017, my first monograph entitled EU Non-Discrimination Law in the Courts will be published with Hart Publishing/Bloomsbury. The monograph compares the Dutch and German application of EU non-discrimination law focusing on discrimination on grounds of sex and sexual orientation. It includes an analysis of the case law on direct as well as indirect discrimination and covers the cases which are linked to Article 157 TFEU, the Framework and Recast Directives (excluding equal pay for equal value and social security law).

Since the year 2000, the material and personal scope of EU non-discrimination law has been significantly broadened and has challenged national courts to introduce a comprehensive equality framework into their national law to correspond with the European standard.

The book provides a multi-layered culturally informed comparison of juridical approaches to EU (in)direct sex and sexualities discrimination and its implementation and application in Germany and the Netherlands. It examines how and why national courts apply national non-discrimination law with a European origin differently, although the legislation derives from the same set of EU law and the national courts have to respect the interpretive competence of the Court of Justice of the European Union. As such, it provides an in-depth analysis of the national legal and non-legal context which influences and shapes the implementation and application of non-discrimination law and reveals how some of these factors affect the interpretation and application of national non-discrimination law with a European origin. Continue reading

Celebrating the life and work of Professor Bernard Rudden (1933-2015): BACL Annual Seminar 2016

By Prof Paula Giliker, Professor of Comparative Law (University of Bristol Law School) and President of the British Association of Comparative Law.

ruddenProfessor Bernard Rudden DCL, LLD, FBA was Professor of Comparative Law at the University of Oxford from 1979-1999 and Professorial Fellow of Brasenose College, Oxford.  On 6 September 2016, the British Association of Comparative Law (BACL) held its annual seminar in his honour at St. Catherine’s College Oxford.  Its theme was: ‘Bernard Rudden – Comparativist, Legal Scholar, Polymath’.

Professor Rudden, a noted comparative private lawyer, passed away on 4 March 2015, aged 81. His obituary in The Times newspaper described him as a “legal polymath who published extensively on Soviet law”, but the seminar sought to go beyond this succinct description and identify not only Rudden’s contribution to comparative law scholarship but also his impact as a friend, colleague, teacher of law and mentor to numerous comparative law academics. Continue reading