Tuesday, 11 May 2010

Philosophical Foundations of Law and Finance - 52nd Weekly Meeting

Dear all

At the 52nd session of the Philosophical Foundations of Law and Finance on Friday 14 May 2010, from 6.00 to 7.30pm, in room 5.16, 309 Regent Street (University of Westminster), Mr Andrea Calvi will give a lecture on “Rome I and II Regulations: the Impact of Recent Developments in Conflict of Laws (in Contract and Tort) over Financial Intermediation”

Mr Calvi is a partner of Loiacono e Associati, and a leading expert in complex financial litigation in Italy. His talk will discuss the ‘European international private law revolution’ taking us through the EU regulatory framework created by the EC Treaty, Rome I and Rome II Regulations on the law applicable to contractual and non-contractual obligations. Mr Calvi will argue that the EU institutions, by regulating the conflicts of laws, have followed Constantine’s strategy when he institutionalized Christianity within the Roman Empire: “if you cannot fight an enemy, make him your friend”.

Mr Calvi consequently identifies the potential and limits of the EU regulation and analyses in particular the case of financial intermediation. His lecture will deal with questions such as: against a derivative contract governed by English law: (i) What if a Swedish municipality opposes ex post its legal incapacity under its own administrative law to execute derivative transactions? (ii) What if an Italian middle-size bank claims a breach of Continental European bona fide before an English Court that is familiar with caveat emptor? (iii) What if that contract would be eligible to claw back under the law governing the insolvency proceeding, but not under its governing law?

All roads, after the seminar, lead to Vapiano (19-21 Great Portland Street, W1W 8QB) for Italian-style refreshments.

Furthermore, we would like to invite you to join the Linkedin group “Philosophical Foundations of Law and Finance”. You can access the group at http://www.linkedin.com/groups?homeNewMember=&gid=3034190&trk=eml-grp-sub (for any enquiry please email Laura Niada at l.niada@my.westminster.ac.uk)

See you on Friday!
Joe and Laura

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