Faculty News

Professor Ferrari publishes a paper on “CISG and the Law Applicable in International Commercial Arbitration”

Professor Ferrari, the Director of the Center, an expert on the United Nations Convention on Contracts for the International Sale of Goods (CISG), has just published a paper on said Convention and its applicability in arbitral proceedings. In the paper, Professor Ferrari examines, on the basis of three common hypotheticals, the difference between the Convention’s applicability in state court proceedings and in the arbitral context. In doing so, Professor Ferrari focuses on how arbitrators get to the law applicable to the merits in international commercial arbitration. The paper is one of many papers published in “A Tribute to  Joseph M. Lookofsky”, an expert on the CISG and two time scholar-in-residence at the Center.

Professor Franco Ferrari and former Vice-President of the ICJ, Ambassador Bernardo Sepulveda Amor, to discuss the usefulness of investment arbitration for companies investing in Mexico

 

On 10 June 2015, Professor Franco Ferrari, the Director of the Center for Transnational Litigation, Arbitration and Commercial Law, and the former Vice-President of the International Court of Justice, Ambassador Ambassador Bernardo Sepulveda Amor, formerly Ambassador to the United States of America and to the United Kingdom and Secretary of Foreign Affairs of Mexico, will discuss the positive effects of investment arbitration on the development of projects in Mexico by foreign companies. Please click here for the official program.

 

Professor Ferrari delivers keynote address at Shanghai conference

Professor Franco Ferrari, the Director of the Center for Transnational Litigation, Arbitration and Commercial Law, will deliver the keynote speech on the occasion of the conference on “Doing Business with the West” organized by the International Association of Young Lawyers held in Shanghai, from March 26-28, 2015. The talk by Professor Ferrari, an expert in the area of international sales law, entitled “The application of the 1980 Vienna Convention on International Sale of Goods in arbitration proceedings” will focus on the question of whether arbitral tribunals have to apply the aforementioned Convention in arbitral settings, an issue that in recent years has received a lot of attention. For the full program please click here.

Professor Linda Silberman has been selected as ALI project Adviser

Professor Linda Silberman has been selected as one of the Advisers on the American Law Institute’s recently launched project for The Restatement of the Law (Third) Conflict of Laws. The Chief Reporter for the project is Kermit Roosevelt (University of Pennsylvania).The Associate Reporters are Laura Little (Temple School of Law) and Christopher Whytock (UCLA).

Professor Franco Ferrari publishes commentary on the Rome Regulation on the Law Applicable to Contractual Obligations (Rome I)  

Professor Ferrari, who joined NYU full-time in 2010, after serving as full professor of law at Tilburg University (the Netherlands), Bologna University (Italy) and Verona University (Italy), has just edited an article-by-article commentary on the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, of which he is also the co-author.

As Professor Ferrari writes in the Preface to the book, parties to any transaction require predictability and legal certainty, as it is the predictability and legal certainty that allow the parties to assess the legal and economic risks involved in the transaction and, thus, allows them to decide whether to enter into the transaction at all. This need is felt even more strongly where the transaction is not a purely domestic one but is linked to more than one country. To reach the desired predictability and legal certainty in an international context, various approaches have been resorted to. The drafting of uniform rules of private international law is one such approach. It aims at guaranteeing that courts in the States where such uniform rules are in force will apply the same substantive rules no matter what court a dispute is brought before, thus reducing transactions costs by requiring a party to make provision for one law only. The Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) sets forth such a set of uniform private international law rules for (most of) the member states of the EU. The book provides students and practitioners with a concise and instructive article-by-article commentary which explains the underlying concepts and suggests solutions for problems that have arisen or may arise in the application of the Regulation.

German Supreme Court cites to various papers by Professor Franco Ferrari

The Federal Court of Justice of Germany cited various papers authored by Professor Franco Ferrari, the Executive Director of the Center, in a decision rendered on September 24th, 2014, concerning a dispute arising from a contract subject to the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), which establishes a uniform international sales law that has come into force in more than 80 countries, including the United States.

The court was faced with the issue of the CISG’s applicability to a contract for goods to be manufactured and cited to paper by Professor Ferrari to justify its decision to apply the CISG. The court also had to decide whether one of the parties was entitled to terminate the contract due to opposing party’s breach. The court decided that in the case at hand the requirement for a termination did not exist, as the breach did not amount to a fundamental one, as required by Art. 25 CISG. To reach its result, the court did cite to a different paper authored by Professor Ferrari as well as to a book he co-edited.

Professor Ferrari gives talks in Berlin and Rome

Professor Franco Ferrari, the Director of the Center, will give talks both in Berlin and Rome. In Berlin,  Professor Ferrari will join two former scholars-in-residence of the Center, Ms. Inka Hanefeld and Professor Luca Radicati di Brozolo, who will also give talks on the occasion of this year’s annual meeting of the German Arbitration Institution (DIS). On that occasion, Professor Ferrari will examine how international international arbitration should be (for the program, click here). In Rome, at a conference hosted by Universita’ Roma Tre and the International Institute for the Unification of  Private Law (UNIDROIT), Professor Ferrari will discuss the process of how arbitrators get to the arbitral award, focusing specifically on the deliberation process (for the program, click here). 

German Supreme Court cites papers by Professor Franco Ferrari

In a ruling of May 28th, 2014, the Supreme Court of Germany cites a paper authored by Professor Franco Ferrari, the Executive Director of the Law School’s Center for Transnational Litigation, Arbitration and Commercial Law as well as a book co-edited by him. In its ruling, the Supreme Court relied on a paper by Ferrari asserting that the definition of sales contract governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods can be derived from that Convention’s Articles 30 and 53. The Supreme Court also relied on a chapter authored by a German professor published in a book co-edited by Ferrari to get to its decision.

Professor Fernandez Arroyo, Global Professor and scholar-in-residence, appointed Secretary General of the International Academy of Comparative Law

Diego P. Fernandez Arroyo, Global Professor at NYU Paris  and April 2015 scholar—in-residence at the Center for Transnational Litigation, Arbitration and Commercial Law, has been elected Secretary General of the International Academy of Comparative Law at its XIXth International Congress held in Vienna from 20 to 26 July 2014.

The Academy, founded in 1924, has worldwide about 800 member, eighty of whom are Titular Members, including Professor Franco Ferrari, the Director of the Center for Transnational Litigation, Arbitration and Commercial Law, while the other members are associate members. According to the Academy’s Statutes, the Secretary General is responsible for the scientific programme of the Academy, overseeing the administrative operation of the Academy and supervising the publication of the Academy’s Acts and Proceedings.

Professor Fernández Arroyo is Co-Director of Global Governance Studies at Sciences Po Law School (Paris) where he teaches Arbitration, Conflicts of Laws, and International Dispute Settlement. He is also a member of the Curatorium of the Hague Academy of International Law. Recently, he has been designate Honorary Professor of the University of Buenos Aires.

 

Professor Franco Ferrari invited to give lectures at the Hague Academy of International Law

Professor Franco Ferrari, the Director of the Center for Transnational Litigation, Arbitration and Commercial Law, was invited to teach a course on private international law at the prestigious Hague Academy of International Law. The Hague Academy, which, since its creation in 1923, has occupied premises at the Peace Palace in the Hague, alongside the highest judicial institutions such as the International Court of Justice and the Bureau of the Permanent Court of Arbitration, is a centre for research and teaching in public and private international law, with the aim of further scientific and advanced studies of the legal aspects of international relations. It does not have a permanent teaching staff, but its scientific body, the Curatorium, freely calls upon academics, practitioners, diplomats, and other personalities from all over the world whom it considers qualified to give courses, in English or French (with simultaneous interpretation). These courses are given in the form of a series of lectures, on general or special subjects.

Professor Ferrari joins the ranks of other NYU faculty who over the years have taught courses at the Hague Academy, such as Professor José Alvarez (The public international law regime governing international investment, 344 Collected Courses of the Hague Academy of International Law 193 (2009)), Theodor Meron (International law in the age of human rights, 301 Collected Courses of the Hague Academy of International Law 9 (2003), and Status and independence of the international civil servant, 167 Collected Courses of the Hague Academy of International Law 285 (1980)), Professor Linda J. Silberman (Cooperative efforts in private international law on behalf of children: the Hague Children’s Conventions,  323 Collected Courses of the Hague Academy of International Law 261 (2006)), and late Professors Thomas M. Franck (Fairness in the international legal and institutional system, 240 Collected Courses of the Hague Academy of International Law 9 (1993), and Minimum standards of public policy and order applicable to collective international commodity negotiations, 160 Collected Courses of the Hague Academy of International Law 395(1978)), and Andreas F. Lowenfeld (International litigation and the quest for reasonableness : general course on private international law, 245 Collected Courses of the Hague Academy of International Law 9 (1994), and Public law in the international arena : conflict of laws, international law, and some suggestions for their interaction, 163 Collected Courses of the Hague Academy of International Law 311 (1979)), as well as this November’s scholar-in-residence Peter D. Trooboff (Foreign state immunity: emerging consensus on principles, 200 Collected Courses of the Hague Academy of International Law 235 (1986)).

Advocate General of the Court of Justice of the European Union cites paper by Professor Franco Ferrari

In his opinion rendered on April 25th, 2013 (in Case C-9/12), Advocate General Jääskinen cited a paper by Professor Franco Ferrari, the Executive Director of the Law School’s Center for Transnational Litigation, Arbitration and Commercial Law to show the status of the law on a given issue. Advocate General Jääskinen rendered his Opinion in relation to a preliminary ruling, from a Belgian court, concerning mainly the interpretation of the rule of special jurisdiction laid down in relation to contractual matters in Article 5(1)(a) and (b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, usually referred to as ‘the Brussels I Regulation’. More specifically, the Court of Justice of the European Union was asked to rule whether a distribution agreement, pursuant to which one party purchases goods from another party in one Member State for resale in the territory of another Member State, is to be classified as ‘sale of goods’ or ‘provision of services”. In getting to its conclusion, the Advocate General relied on a paper by Professor Ferrari excluding that distribution contracts can be compared to “sales of goods”, at least under the United Nations Convention on Contracts for the International Sale of Goods.

German Supreme Court cites papers by Professor Franco Ferrari

On several occasions German Supreme Court cites papers by Professor Franco Ferrari

In two different rulings, the Supreme Court of Germany cited papers by Professor Franco Ferrari, the Executive Director of the Law School’s Center for Transnational Litigation, Arbitration and Commercial Law. In its October 23rd, 2013, ruling, which was only recently made public, the German Supreme Court relied on a paper by Ferrari asserting that one of the general principles underlying the 1980 United Nations Convention on Contracts for the International Sale of Goods is that of estoppel. In a ruling of October 10th, 2013, the German Supreme Court justified its holding by referring to a different paper authored by Ferrari, in which Ferrari argues that under the Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) issues relating to the statute of limitations are to be qualified as issues of substance.

Professor Ferrari Edits Proceedings of the Center’s Forum Shopping Conference

Professor Franco Ferrari, the Executive Director of the Center for Transnational Litigation, Arbitration and Commercial Law, has just edited the proceedings of the conference, hosted by the Center, entitled “Forum Shopping in the International Commercial Arbitration Context”, held at NYU from Feb. 28th – March 2nd, 2013. The conference brought together arbitration practitioners and arbitration scholars from the U.S. and abroad to examine the question of whether and, if so, to what extent forum shopping is relevant in the context of international commercial arbitration. The introductory talk, given by Professor Ferrari, entitled “Forum Shopping in the International Commercial Arbitration Context: Setting the Stage”, as well as the table of contents can be found by clicking here.

Professor Franco Ferrari Publishes a Paper on the Homeward Trend and Lex Forism

Professor Franco Ferrari, the Executive Director of the Center, publishes a paper on the homeward trend and lex forism (entitled Tendance insulariste et lex forisme malgré un droit uniforme de la vente) in the latest issue of the French law journal Revue critique de droit international privé. In the paper, Professor Ferrari shows that although interpreters are generally not supposed to read the United Nations Convention on Contracts for the International Sale of Goods through the lenses of domestic law,  case-law of the various Contracting States shows that courts do not always comply with such prohibition directed at avoiding both the homeward and lex forism. Professor Ferrari then goes on to suggest how to avoid both the homeward trend and lex forism.

Professor Linda Silberman’s Article on International Child Abduction-Interpreting the Hague Abduction Convention:

In Search of a Global Jurisprudence, 38 U.C.Dav. L. Rev. 1049 (2005) – was cited in Justice Ginsburg’s concurring opinion in the recent decision Chafin v. Chafin (Feb. 19, 2013).  The Court held unanimously that an appeal from an order of return of the child to Scotland was not moot, notwithstanding that no stay had been issued and the child was now in Scotland.  Both the possibility of a re-return order and a vacatur of the lower court’s expense orders meant that the case was not moot.  Justice Ginsburg, in an opinion joined by Justices Breyer and Scalia, offered suggestions for proposed legislation to limit appeals with respect to return orders.

German Supreme Court Once Again Cites Paper by Franco Ferrari in Ruling on International Sales Law

The Supreme Court of Germany cited a paper by Professor Franco Ferrari in a decision concerning the value to be attributed to a given INCOTERM. Professor Ferrari, who is the director of the Law School’s Center for Transnational Litigation and Commercial Law, is an expert on international sales law. In its November 7, 2012, the German court relied on a paper by Ferrari asserting that INCOTERMS are not necessarily to be interpreted on the basis of the understanding attributed to them by the ICC, but may be subject to domestic interpretation where no express reference is made to ICC INCOTERMS.
For the full text of the decision, please click here:

http://www.globalsaleslaw.org/content/api/cisg/urteile/2374.pdf

Professor Ferrari to give talk at a Conference on International Sales Law at Verona University

Professor Franco Ferrari, the Director of the Center, will give a talk and act as a moderator at a conference focusing on International Sales Law to be held on Nov. 15.th-16th, 2012, at Verona University School of Law, in Verona, Italy. Professor Ferrari, an expert on international sales law, will open the two-day conference and give two talks, one focusing on the exclusion of the United Nations Convention on Contracts for the International Sale of Goods, the other on that Convention’s rules on non-conformity. For the full conference program, please click here.

The Center co-hosts a Conference on the effects of Brazil’s adoption of the CISG

On Nov. 26th and 27th, the Center will co-host a conference on the effects of the CISG’s adoption in Brazil. Scholars from Brazil, Europe and the U.S. will discuss the impact the coming into force of the CISG will have in Brazil and the differences that exist between the CISG and Brazilian law. This event is one of a series of events that the Center has co-hosted around the world on issues relating to international sales law.

Franco Ferrari voted Titular Member

Professor Franco Ferrari, Director of the Center for Transnational Litigation and Commercial Law, was voted Titular Member of the International Academy of Comparative Law (IACL). The IACL consists of scholars the principal aim of whom is, according to article 2 of its By-laws, “the comparative study of legal systems”. The Academy, which was founded at The Hague on September 13, 1924, is composed of eighty Titular Members, elected by a two-thirds vote of the Titular Members preceding them. The names of Roscoe Pound, Louis Milliot, Baron Frédericq, C.J. Hamson, Imre Szabo, John Hazard, Paul Crépeau, who have served as presidents of the organization, are indicative of the prestige that the Academy has always enjoyed. For more information of the history of the IACL, please click here: http://www.iuscomparatum.org/141_p_1551/history.html

Decision on the CISG by Judge Francesco Cortesi

Hon. Judge Francesco Cortesi, a former Fellow of the Center for Transnational Litigation and Commercial Law, renders a remarkable decision on the United Nations Convention on Contracts for the International Sale of Goods (CISG). In that decision, Judge Cortesi addresses various important CISG issues, such as the possibility of the CISG’s exclusion, the issue of non-conformity of the goods sold, the issue of interest rate, etc. In doing so, Judge Cortesi cites to decisions rendered by many foreign courts, thus conforming to the mandate set forth in Article 7(1) of CISG. For an English translation of the full text of the decision, prepared by Giulia Sambugaro, member of the New York State Bar and graduate of NYU School of Law, where she obtained an LL.M. in International Business Regulation, Litigation and Arbitration in 2011, click here.

The Center for Transnational Litigation and Commercial Law aims at the advancement of the study and practice of international business transactions and the way to solve related disputes either through litigation or arbitration. As commercial transactions become increasingly international, it is vital to the legal and business communities to understand and analyze the practices and legal principles that govern relationships between firms and between firms and consumers in the international arena