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Saturday, October 28

09h00 - 12h30 
PRIVATE INTERNATIONAL LAWWestin Harbour Castle Toronto Hotel - Harbour C

President : Paolo LOMBARDI
Speakers : Fernando DE LA MATA, Jessica FEI, Yoshihisa HAYAKAWA, Olaf HARTENSTEIN, Alberto PASINO, James D. ROSENER, Ewa KRAJEWSKA

Contractual or Non-Contractual, That Is the Question!
The distinction between contractual and non-contractual obligations gives rise to many critical issues in Private International Law.
On this subject there are some circumstances that are considered in different ways by national substantive laws or judicial decisions (e.g.: pre-contractual liability; abrupt termination of a commercial relationship; liability of subcontractors towards the end users in work contracts; liability of the manufacturer towards the members in the chain of sales or towards the end users; liability in matters concerning competition and antitrust law). In these cases, it is often the question whether claims arise in contract or tort, the consequences in Private International Law are relevant (e.g.: determination of applicable law and jurisdiction; law to be applied in order to assess whether an obligation is contractual or not; possibilities to cover a dispute concerning non-contractual obligations by a jurisdiction or an arbitration clause).
Using case studies and various contributions by speakers coming from different countries, we will discuss the recent developments regarding those crucial points both from a domestic and a cross-border perspective, with particular reference to the current trends concerning principles set forth on this subject by national and international Courts.
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