Punitive Damages in Private International Law

Lessons for the European Union

Punitive Damages in Private International Law
Cedric Vanleenhove, Cedric Van ...
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Last edited by MARC Bot
February 2, 2026 | History

Punitive Damages in Private International Law

Lessons for the European Union

"Although European scholars have called U.S. punitive damages an '(undesired) peculiarity of American law' and the 'Trojan horse of the Americanisation of continental law', the European Union cannot close its eyes to this important feature of U.S. law. Despite being under constant scrutiny, punitive damages have a strong foothold on the other side of the ocean. Moreover, due to increased globalisation, transnational litigation is arguably on the rise. In cross-border law suits, it is inevitable that a jurisdiction will encounter legal institutions that are alien to the substantive law of the forum. This book examines the private international law treatment of American punitive damages in the EU. It poses the crucial question whether US punitive damages (should) penetrate the borders of the European Union through the backdoor of private international law. More specifically, three areas of private international law are analysed: service of process, applicable law and enforcement of judgments. In addition to describing the current positions in case law and scholarship, the book takes a normative perspective and attempts to formulate concrete guiding principles that can be used when the European legal order faces U.S. punitive damages. It, therefore, provides an invaluable resource for practitioners, judges and authorities confronted with this controversial remedy. Furthermore, as a nation's private international law attitude indicates the country's level of tolerance towards a foreign concept unknown in its own legal system, the book can form an essential building block for discussions amongst legislators surrounding the introduction of the remedy of punitive damages in substantive law"--Back cover.

Publish Date
Language
English
Pages
259

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Book Details


Classifications

Library of Congress
K7093.D3 V36 2016x

The Physical Object

Pagination
260
Number of pages
259
Weight
0.455

Edition Identifiers

Open Library
OL37964722M
ISBN 13
9781780684161
OCLC/WorldCat
954427549

Work Identifiers

Work ID
OL27796387W

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