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Professor Richard Fentiman's picture

Email

rgf1000@cam.ac.uk

College Contact Details

Room: C1, Old Court

QC hc, Dr hc (Athens), MA, BCL (Oxford)
Professor of Private International Law; Arthur Armitage Fellow in Law, Queens' College

Interests

Richard Fentiman's research is concerned with all aspects of private international law in relation to civil litigation, with particular reference to commercial disputes and issues concerning jurisdiction, cross-border injunctions, the proof of foreign law, and the analysis of legal risk.

 

CV / Biography

 

Richard Fentiman is Professor of Private International Law at the University of Cambridge. Between 2015 and 2018 he was Chair (Dean) of the Faculty of Law. He is a Queen's Counsel honoris causa.

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.

He was elected to the American Law Institute in 2007, and to the International Academy of Comparative Law in 1996. In 2018 he was awarded the title of Doctor honoris causa by the University of Athens in recognition of his contribution to Private International Law. He is a member of the Lord Chancellor's Advisory Committee on 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.

Lectures and presentations. 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 lectured in the Academy's General Course ('Arbitration and the Brussels 1 Regulation').

Amongst recent invited lectures and presentations, Richard Fentiman was an invited speaker at the conference in Hong Kong in May 2018 ('Ways Forward: Challenges and Opportunities in an Increasingly Connected World') celebrating the 125th anniversary of the Hague Conference on Private International Law, and lectured on 'The Foreign Law Problem' at the Charles University, Prague. In December 2018 he spoke on 'The Ecology of International Commercial Litigation' at the conference on The Future of the Judiciary in Seoul, and in March 2019 was a keynote speaker at the Cyrpus Common Law Day in Nicosia, speaking on 'International Commercial Litigation After Brexit'.

Law reform. 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 UK Parliamentary committees, and has advised the UK Government, the American Law Institute, the Financial Markets Law Committee, and the European Commission. In 2016 he 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, and in 2018 gave evidence to the JURI Committee of the European Parliament on the proposal for an instrurment on the 'Expedited Settlement of International Commercial Disputes'.

Impact and engagement. Richard Fentiman's 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) and China Shansui Ltd v Tianrui Holding Co Ltd (2020). His Foreign Law in English Courts was recently approved by the Court of Appeal in AIG Financial Products Corp v Gruber (2020), and the Commercial Court in Kazakhstan Kagazy Plc v Baglan Abdullayevich Zhunus (2018), and approved by Arnold LJ in his dissent in FS Cairo (Nile Plaza) LLC v Brownlie (2020). His work has been cited in the European Court of Justice, as recently in Feniks v Azteca (A-G, 2018), and Wikingerhof v Booking.com (A-G, 2020).His writing on asymmetric jurisdiction agreements is frequently cited with approval, as recently in England in Gulf International Bank BSC v Aldwood (2019) and Etihad Airways v Flother (2019), and in Spain by the Court of First Instance (Alcobendas) in Codere SA v Perella Weinberg (2016).

He is regularly involved in major transnational disputes in England, most recently in The Bodo Community v The Shell Petroleum Development Company of Nigeria Ltd, concerning environmental damage arising from an oil spill in Nigeria, Lungowe v Vedanta Resources PLC, concerning the effect of EU law on national jurisdiction, 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, and most recently in Brownlie v FS Cairo (Nile Plaza) LLC (2020), concerning the presumption of identity between English and foreign law. He frequently acts as an expert witness on English law in foreign courts, as recently in 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, 2015) 2nd Edition

Co-editor(s):
978-0-19-871291-6
Publisher:
Oxford University Press
ISBN 13:
9780198712916
Published Jan 2015

L’espace judiciare européen en matières civile et commerciale (with Watte, Tagaras) (eds) (Bruylant, 1999)

Co-editor(s):
9782802712176
Co-Author/s:
Watte, Tagaras
Publisher:
Bruylant
Published Aug 1999

Foreign Law in English Courts (Oxford University Press, 1998)

Co-editor(s):
9780198258780
Publisher:
Oxford University Press
Published Jun 1998

Conflict of Laws: International Library of Essays in Law (ed) (Dartmouth, 1996)

Co-editor(s):
9781855211919
Publisher:
Dartmouth
Published Aug 1996

Articles

"Realism in Private International Law, Address to the University of Athens" Proceedings on the Award of the Degree of Doctor honoris causa, University of Athens

Citation:
Proceedings on the Award of the Degree of Doctor honoris causa, University of Athens
Published: May 2018

"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

"Erich Gasser GmbH v MISAT Srl" (2005) 42 CMLR 241

Citation:
(2005) 42 CMLR 241
Published: Sep 2005

"Jurisdiction, Discretion and the Brussels Convention" (1993) 26 Cornell Intl L J 59

Citation:
(1993) 26 Cornell Intl L J 59
Published: Sep 1993

"Foreign Law in English Courts" (1992) 108 LQR 142

Citation:
(1992) 108 LQR 142
Published: Sep 1992

"Domicile Revisited" (1991) 50 CLJ 445

Citation:
(1991) 50 CLJ 445
Published: Sep 1991

"Domicile, Marriage and the Law Commission" (1986) 6 OJLS 353

Citation:
(1986) 6 OJLS 353
Published: Sep 1986

"The Validity of Marriage and the Proper Law" (1985) 44 CLJ 256

Citation:
(1985) 44 CLJ 256
Published: Sep 1985

Book Chapters

"Foreign Law" in Worthington & Day (ed(s)), Challenging Private Law: Essays for Lord Sumption), forthcoming

Published Forthcoming

"Commercial Litigation in the UK: A Future Outside the EU" in Trunk & Hatzimihail (ed(s)), EU Civil Procedure Law and Third Countries: Which Way Forward? ), forthcoming

Published Forthcoming

"Towards Pragmatic Values in Private International Law" in Agustin & Popov (ed(s)), Globalisation in Private International Law (Russian Academy of Legal Science, 2020)

Publisher:
Russian Academy of Legal Science
Published Jan 2020

"Articles 33 and 34 and the Reform of the EU Jurisdiction Regime: A Missed Opportunity?" in Muir Watt, Arroyo, Bizikova, Oliviera (ed(s)), Adjudication Without Frontiers, 2019)

Published Jan 2019

"Legal Risk in International Commercial Disputes" in Dyson (ed(s)), Regulating Risk Through National Law, 2018)

Published Sep 2018

"Antisuit Injunctions" in Basedow, Rühl, Ferrari, Asensio (ed(s)), Basedow et al, Encyclopedia of Private International Law (Edward Elgar, 2017)

"Forum non conveniens", Encyclopedia of Private International Law (Edward Elgar, 2017)

"Injunctions" in Basedow, Rühl, Ferrari, Asensio (ed(s)), Encyclopedia of Private International Law (Edward Elgar, 2017)

"Article 5", Rome 1 Regulation: European Commentaries on Private International Law (OttoSchmidt, 2017)

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

"Articles 29-34" (with Magnus & Mankowski), Brussels 1bis Regulation: European Commentaries on Private International Law (Sellier, 2015)

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

"Foreign Law in National Courts", Courts and Comparative Law (Oxford University Press, 2015)

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

"The Harmonization of Civil Jurisdiction", The Oxford Handbook of European Law (Oxford University Press, 2015)

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

"Recognition, Enforcement and Collective Judgments" (with Nuyts, Hatzimihail), Cross-Border Class Actions - The European Way (Sellier, 2014)

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

"Commentary on Articles 27-30 of Regulation 44/2001" (with Magnus, Mankowski), Brussels I Regulation: European Commentaries on Private International Law (Sellier, 2011)

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

"The Significance of Close Connection" (with Ahern, Binchy), The Rome II Regulation on the Law Applicable to Non-Contractual Obligations (Brill/Martinus Nijhoff, 2009)

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

"Parallel Proceedings and Jurisdiction Agreements in Europe" (with de Vareilles-Sommaires), Forum Shopping in the European Judicial Area (Hart, 2008)

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

"Justiciability, Discretion and Foreign Rights" (with Nuyts), International Litigation in Intellectual Property and Information Technology (Bruylant, 2008)

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

"National Law and the European Jurisdiction Regime" in Nuyts and Watté (ed(s)), International Commercial Litigation in Europe and Relations with Third States, 2005)

Published Sep 2005

"Choice of Law and Intellectual Property" in Drexl and Kur (ed(s)), Intellectual Property and Private International Law, 2005)

Published Sep 2005

"Foreign Law in National Courts" in Canivet, Andenas and Fairgrieve (ed(s)), Comparative Law Before the Courts, 2004)

Published Sep 2004

"Ousting Jurisdiction and the European Conventions" in Dashwood and Ward (ed(s)), Cambridge Yearbook of European Legal Studies 2000, 2002)

Published Sep 2002

"Foreign Law and the Forum Conveniens" in Symeonides and Nafziger (ed(s)), Law and Justice in a Multistate World – Essays in Honor of Arthur von Mehren, 2002)

Published Sep 2002

"English Private International Law at the End of the Twentieth Century" in Symeonides (ed(s)), Private International Law at the End of the Twentieth Century, 1999)

Published Sep 1999

"Exclusive Jurisdiction and Article 17" in Fentiman, Tagaras and Watte (ed(s)), L’espace judiciare européen en matières civile et commerciale, 1999)

Published Sep 1999

"Abuse of Procedural Rights in English Law" in Taruffo (ed(s)), Abuse of Procedural Rights: Comparative Standards of Procedural Fairness, 1999)

Published Sep 1999

"Cross-border Securities Collateral: Redefining Recharacterization Risk" in Potok, Benjamin and Murray (ed(s)), Collateral and the Conflict of Laws, 1998)

Published Sep 1998

"Antisuit Injunctions" in Sood (ed(s)), Current Issues in International Commercial Litigation, 1997)

Published Sep 1997

"Conflicts Aspects of Online Infringements" in Heere (ed(s)), Contemporary International Law Issues, 1997)

Published Sep 1997

"Legal Reasoning and the Conflict of Laws" in Krawietz (ed(s)), Prescriptive Formality and Normative Rationality in Modern Legal Systems, 1994)

Published Sep 1994

"Il problema dell'armonizzazione nell'ottica di un internationalprivatista" in Stein (ed(s)), Il Futuro Codice Europeo dei Contratti, 1994)

Published Sep 1994

"The Courts, the Miners and the Rule of Law" in Witteveen (ed(s)), Staatkundig Jaarboek 1986, 1986)

Published Sep 1986

Case Notes

Jurisdiction Agreements – Scope and Precedence C.L.J. 2019, 78(3), 4-6

Published: Sep 2019

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

Arbitration and the Brussels Regulation C.L.J. 2007, 66, 493-495

Published: Sep 2007

Reports

Memorandum of Evidence to the House of Lords EU Committee, in Green Paper on the Brussels 1 Regulation, Report of the House of Lords EU Committee

Reference Number:
HL Paper 148, 2009
Published: Sep 2009

Memorandum of Evidence to the House of Lords EU Committee, in The Rome II Regulation, Report of the House of Lords EU Committee

Reference Number:
HL Paper 66, 2005
Published: Sep 2005

Memorandum of Evidence to the House of Lords Special Committee, in The Private International Law (Miscellaneous Provisions) Bill, Proceedings of the Special Committee of the House of Lords

Reference Number:
HMSO, 1995
Published: Sep 1995

Intellectual Property and the Conflict of Laws: The Hierarchy of Laws, Report to the European Commission

Body / Institution:
European Commission, DG XV, 1994
Published: Sep 1994