Abstract This Article analyzes the interaction between burden of proof and evidentiary discovery rules. Both sets rules can affect incentives for prospective injurers to invest in evidence technology (i.e., ex ante investments that increase quantity quality case an accident occurs). becomes acutely important private international law setting, where jurisdictions are split on question whether sh...

Private international law as a branch of still causes discussions regarding its subject, nature and sources. Therefore, all these yet unresolved problems, having practical importance theoretical interest, require attention. The study is carried out using such methods synchronous diachronic comparative legal, historical, legal-linguistic, dialectical-materialistic, descriptive, analysis synthesi...

Abstract Can claimants choose between contract and tort claims arising on the same facts with different jurisdictional and/or choice-of-law consequences? While domestic legal systems generally recognise concurrent liability, commentators object that its extension to private international law would be unprincipled threaten field's values. This, however, contrasts position in common under EU Regu...

for decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. in fact arbitration i...

The author reviews the key aspects of using norms private international law in intergovernmental relations, development universal legal and methods conditions globalization. It is noted that public differ multiple parameters, particularly method regulation. Private relationships are regulated by national legislations, while treaties, which can be expressed form agreements, customs, or tacit con...