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Professor Richard Fentiman's picture

Email

rgf1000@cam.ac.uk

Faculty Contact Details

Tel: 01223 330081

MA, BCL (Oxford), Dr. h.c. (Athens)
Professor of Private International Law; Chair of the Faculty Board; Arthur Armitage Fellow in Law, Queens' College

Interests

 

Private International Law, Civil Procedure, International Commercial Litigation

 

CV / Biography

Richard Fentiman is Professor of Private International Law at the University of Cambridge, where he is currently head of the Faculty of Law.

He is the author of International Commercial Litigation (2nd edition, 2015), and Foreign Law in English Courts (1998), both published by Oxford University Press, and of numerous articles on private international law and international commercial litigation. A second edition of Foreign Law in English Courts is currently in preparation.

His research is concerned with all aspects of private international law in relation to civil litigation with particular reference to issues relating to jurisdiction, cross-border injunctions, the proof of foreign law, and the analysis of risk in cross-border transactions and disputes.

He was elected as a member of the American Law Institute in 2007 and of the International Academy of Comparative Law in 2004. In 2018 he was awarded the title of Doctor honoris causa by the University of Athens in recogntion of his contribution to Private International Law.

He has taught the Faculty's postgraduate course on International Commercial Litigation since its introduction in 1993. In 2014 he was awarded the University's Pilkington Prize for Excellence in Teaching.

Richard Fentiman has lectured extensively in the United Kingdom and elsewhere. He held the Walter Ganshof van der Meersch Chair at the Université Libre de Bruxelles in 2003-2004, and has been a visiting professor at Cornell Law School and at the Institute of Comparative Law, Tokyo. In 2002 he delivered a course at the Hague Academy of International Law (‘The Appropriate Forum in International Litigation’), and in 2014 participated in the Academy's General Course (lecturing on 'Arbitration Agreements and the Brussels 1 Regulation').

Amongst recent invited lectures and presentations Richard Fentiman has spoken on ‘Party Autonomy in the Conflict of Laws’ at the symposium on International Conflict of Laws and The Third Restatement at Duke Law School, delivered a keynote address on ‘Brexit and Private International Law’ at the conference on ‘The Future of Europe – Integration or Disintegration’ in Bratislava, gave a public lecture on ‘London as a Legal Hub: the Future After Brexit’ at the University of Kraków, and spoke at a joint meeting of the International Association of Legal Science and the Russian Academy of Legal Science in St Petersburg ('Towards Pragamtic Values in Private International Law'). He was an invited expert at the 2018 Hong Kong conference on 'Ways Forward: Challenges and Opportunities in an Increasingly Connected World', arranged by the Hague Conference on Private International Law.

Richard Fentiman has been extensively involved in law reform, nationally and internationally, in the areas of private international law and international civil procedure. He has given evidence to several UK Parliamentary committees, and has advised the UK Government, the American Law Institute, the Financial Markets Law Committee of the Bank of England, and the European Commission. He recently gave evidence to the House of Lords EU Justice Committee on the implications of Brexit for civil litigation which was extensively cited in the Committee's Final Report.

His work is frequently cited in cases before English and foreign courts. His International Commercial Litigation was recently quoted with approval by the Singapore High Court in BC Andaman Co Ltd v Xie (2017), the Jersey Royal Court in Al Tamimi v Al Chamaa (2017) and the Hong Kong Court of Appeal in Ghossoub v Team Y & R Holdings Ltd (2017). His Foreign Law in English Courts was most recently referred to by the London Commercial Court in Kazakhstan Kagazy Plc v Baglan Abdullayevich Zhunus (2018). He is regularly involved in major transnational disputes in England, most recently in Lungowe v Vedanta Resources PLC, concerning the effect of EU law on national jurisdiction, and in the UK Supreme Court proceedings in Ministry of Defence v Iraqi Civilians, concerning the right of Iraqi claimants to sue the UK Government in England. He frequently acts as an expert witness on English law in foreign courts, as in recent class action proceedings in Ontario arising from the 2013 Rana Plaza collapse in Bangladesh (Das v George Weston Limited, 2017).

He is a member of the editorial boards of the Journal of Private International Law and of the Financial Markets Law Review.

Richard Fentiman previously practiced as a Solicitor in the City of London.

 

Publications

 

Books

"International Commercial Litigation" (Oxford University Press) 2nd Edition

Editor's Name:
978-0-19-871291-6
Published:
Jan 2015
Publisher:
Oxford University Press

"L’espace judiciare européen en matières civile et commerciale" (Bruylant) (Ed)

Editor's Name:
9782802712176
Co-Author/s:
Watte, Tagaras
Published:
Aug 1999
Publisher:
Bruylant

"Foreign Law in English Courts" (Oxford University Press)

Editor's Name:
9780198258780
Published:
Jun 1998
Publisher:
Oxford University Press

"Conflict of Laws: International Library of Essays in Law" (Dartmouth) (Ed)

Editor's Name:
9781855211919
Published:
Aug 1996
Publisher:
Dartmouth

Articles

"The Scope of Transnational Injunctions" (2013) 11 NZJPIL 323

Citation:
(2013) 11 NZJPIL 323
Published:
Feb 2014

"Theory and Practice in International Commercial Litigation" (2012) 2 International Journal of Procedural Law 235

Citation:
(2012) 2 International Journal of Procedural Law 235
Published:
Dec 2012

"Arbitration in Europe: Immunity or Regulation?" (2011) 1 International Journal of Procedural Law 151

Citation:
(2011) 1 International Journal of Procedural Law 151
Published:
Jan 2011

"Brussels I and Third States: Future Imperfect?" Cambridge Yearbook of European Legal Studies, Vol 13, 2010-2011, 65

Citation:
Cambridge Yearbook of European Legal Studies, Vol 13, 2010-2011, 65
Published:
Aug 2010

"Assignment and Rome I: Towards a Principled Solution" (2010) Law and Financial Markets Review 405

Citation:
(2010) Law and Financial Markets Review 405
Published:
Aug 2010

"Private International Law and the Downturn" Guest Editorial, Conflict of Laws.net, 11 May 2010

Citation:
Guest Editorial, Conflict of Laws.net, 11 May 2010
Published:
May 2010

"Trading Debts Across Borders: a European Solution" (2010) 17 Indiana Journal of Global Legal Studies 1

Citation:
(2010) 17 Indiana Journal of Global Legal Studies 1
Published:
Jan 2010

"Choice of Law in Europe: Uniformity and Integration" (2008) 82 Tulane Law Review 2021

Citation:
(2008) 82 Tulane Law Review 2021
Published:
Aug 2008

Book Chapters

"Antisuit Injunctions" in , Encyclopedia of Private International Law (Edward Elgar)

"Forum non conveniens" in , Encyclopedia of Private International Law (Edward Elgar)

"Injunctions" in , Encyclopedia of Private International Law (Edward Elgar)

"Article 5" in Magnus & Mankowski (Ed), Rome 1 Regulation: European Commentaries on Private International Law (OttoSchmidt)

Publisher:
OttoSchmidt
Published Date:
Jan 2017
ISBN 13:
978-3-504-08006-8
Co-Author/s:
Magnus & Mankowski

"Articles 29-34" in Magnus and Mankowski (Ed), Brussels 1bis Regulation: European Commentaries on Private International Law (Sellier)

Publisher:
Sellier
Published Date:
Dec 2015
ISBN 13:
ISBN 978-3-504-08005-1
Co-Author/s:
Magnus and Mankowski

"Foreign Law in National Courts" in Andenas and Fairgrieve (Ed), Courts and Comparative Law (Oxford University Press)

Publisher:
Oxford University Press
Published Date:
Oct 2015
ISBN 13:
9780198735335
Co-Author/s:
Andenas and Fairgrieve

"The Harmonization of Civil Jurisdiction" in Arnull and Chalmers, The Oxford Handbook of European Law (Oxford University Press)

Publisher:
Oxford University Press
Published Date:
Jul 2015
ISBN 13:
9780199672646
Co-Author/s:
Arnull and Chalmers

"Recognition, Enforcement and Collective Judgments" in Nuyts, Hatzimihail, Cross-Border Class Actions - The European Way (Sellier) (Ed)

Publisher:
Sellier
Published Date:
Jan 2014
Co-Author/s:
Nuyts, Hatzimihail

"Commentary on Articles 27-30 of Regulation 44/2001" in Magnus, Mankowski, Brussels I Regulation: European Commentaries on Private International Law (Sellier) (Ed)

Publisher:
Sellier
Published Date:
Dec 2011
Co-Author/s:
Magnus, Mankowski

"The Significance of Close Connection" in Ahern, Binchy, The Rome II Regulation on the Law Applicable to Non-Contractual Obligations (Leiden, Brill/Martinus Nijhoff) (Ed)

Publisher:
Leiden, Brill/Martinus Nijhoff
Published Date:
Aug 2009
Co-Author/s:
Ahern, Binchy

"Parallel Proceedings and Jurisdiction Agreements in Europe" in de Vareilles-Sommaires, Forum Shopping in the European Judicial Area (Hart) (Ed)

Publisher:
Hart
Published Date:
Aug 2008
Co-Author/s:
de Vareilles-Sommaires

"Justiciability, Discretion and Foreign Rights" in Nuyts, International Litigation in Intellectual Property and Information Technology (Bruylant) (Ed)

Publisher:
Bruylant
Published Date:
Aug 2008
Co-Author/s:
Nuyts

Case Notes

Antisuit Injunctions and Arbitration Agreements C.L.J. 2013, 72(3), 521-525

Published:
Jan 2014

Unilateral Jurisdiction Agreements in Europe C.L.J. 2013, 72(1), 24-27

Published:
Nov 2013

Anti-suit Injunctions - Comity redux? C.L.J. 2012, 71(2), 273-276

Published:
Jun 2012

Disarming the ultra vires Torpedo C.L.J. 2011, 70(3), 513-516

Published:
Aug 2011

Arbitration Agreements in Europe C.L.J. 2010, 69(2), 242-245

Published:
Aug 2010

Arbitration and Antisuit Injunctions in Europe C.L.J. 2009, 68(2), 278-281

Published:
Aug 2009