University of Pittsburgh

Ronald A. Brand

Faculty Director, CILE
Chancellor Mark A. Nordenberg University Professor and Distinguished Faculty Scholar

Ronald A. Brand was the driving force behind the creation of the University of Pittsburgh's Center for International Legal Education (CILE) and its Master of Laws Program for Foreign Law Graduates. His reputation as a scholar on international and comparative law has helped the University of Pittsburgh School of Law attract prominent visiting scholars and lecturers from around the world and enhance opportunities for students to study and work abroad.

Professor Brand's scholarship includes a number of books and many articles in major journals. His books include: International Civil Dispute Resolution (with Charles Baldwin, David Epstein, and Michael Gordon, West Group, 2d edition, 2008); The 2005 Hague Convention on Choice of Court Agreements: Commentary and Documents (with Paul M. Herrup, Cambridge University Press, 2008); The CISG and the Business Lawyer: The UNCITRAL Digest as a Contract Drafting Tool, (with Mark Walter and Harry Flechtner, Oxford University Press, 2008); Forum Non Conveniens: Past, Present and Future, 3 CILE Studies (with Scott Jablonski, Oxford University Press, 2008); Private Law, Private International Law, and Judicial Cooperation in the EU-US Relationship, (West 2005); and Fundamentals of International Business Transactions (Kluwer Law International, 2000).

Professor Brand has been a Fulbright Scholar at the Universiteit Brussel, a Research Scholar at the Institute for Advanced Studies at the University of Bologna, and a visiting professor at the University of Augsburg. He has lectured on international trade and business law matters at universities in the U.S. and abroad. His excellence in the classroom has earned Professor Brand both the Chancellor's Distinguished Teaching Award, a University-wide honor, and the Law School's Excellence-in-Teaching Award. He has also received the Chancellor's Distinguished Public Service Award.

Professor Brand represented the United States at Special Commissions and the Diplomatic Conference of the Hague Conference on Private International Law that produced the 2005 Convention on Choice of Court Agreements.

Education

  • JD, Cornell University
  • BA, University of Nebraska
  • Selected Publications

    Books:

    • Recognition and Enforcement of Foreign Judgments (Federal Judicial Center International Litigation Guide 2012)
    • Fundamentals of International Business Transactions, Vols. I and II (2d ed., CILE, 2011)
    • Fundamentals of International Business Transactions: Documents Supplement (2d ed., CILE, 2011)
    • Ch. 1 Introduction, The Export of Legal Education: Its Promise and Impact in Transition Countries, Ronald A. Brand & D. Wes Rist, eds. (Ashgate, 2009). Available on SSRN.
    • Consent, Validity and Choice of Forum Agreements in International Contracts, Liber Amicorum Hubert Bocken, I. Boone, I. Claeys, L. Lavrysen, eds., (Die Keure, 2009). On SSRN.
    • International Civil Dispute Resolution (with Charles Baldwin, David Epstein, and Michael Gordon, West Group, 2d edition, forthcoming 2008).
    • The 2005 Hague Convention on Choice of Court Agreements: Commentary and Documents (with Paul M. Herrup, Cambridge University Press, 2008).
    • The CISG and the Business Lawyer: The UNCITRAL Digest as a Contract Drafting Tool, (with Mark Walter & Harry Flechtner, Oxford University Press, 2008).
    • Forum Non Conveniens: Past, Present and Future (with Scott Jablonski, Oxford University Press, 2008).
    • Private Law, Private International Law, and Judicial Cooperation in the EU-US Relationship (West, 2005). Abstract available on SSRN.
    • The Draft UNCITRAL Digest and Beyond – Cases, Analysis and Unresolved Issues in the U.N. Sales Convention, (with Franco Ferrari & Harry Flechtner, 2005).
    • Fundamentals of International Business Transactions (Kluwer Law International, 2000).

    Articles and Chapters:

    • The UNCITRAL Online Dispute Resolution Project: Enhancing the Transactional and Dispute Resolution Interests of Online Parties, __ Loyola University Chicago International Law Review __ (forthcoming 2013)
    • The Rome I Regulation Rules on Party Autonomy for Choice of Law: A U.S. Perspective, The Rome I Regulation on the Law Applicable to Contractual Obligations __ (William Binchy & John Ahern, eds. forthcoming 2012)
    • Access-to-Justice Analysis on a Due Process Platform, review of Christopher A. Whytock and Cassandra Burke Robertson, Forum Non Conveniens and The Enforcement of Foreign Judgments, 112 Columbia Law Review Sidebar 76-82 (2012), http://www.columbialawreview.org/assets/sidebar/volume/112/76_Brand.pdf
    • Recognition Jurisdiction and the Hague Choice of Court Convention, Liber Amicorum Kresimir Sajko 155-187 (Hrvoje Sikirič, Vilim Bouček & Davor Babič, eds., 2012)
    • Mr. Bergsten’s Neighborhood: The Vis Moot, Legal Education, and Rule of Law, International Arbitration and International Commercial Law, Convergence and Evolution, Liber Amicorum Eric Bergsten 687-696 (Stefan Kröll, Loukas Mistelis, Pilar Perales Viscasillas & Vikki Rogers, eds., 2011)
    • U.S. Implementation vel non of the 2005 Hague Convention on Choice of Court Agreements, 2010 Yearbook of Private International Law 107-122 (2011)
    • Promoting the Rule of Law: Cooperation and Competition in the EU-US Relationship, 72 University of Pittsburgh Law Review 163-169 (2010)
    • Exporting Legal Education: Lessons Learned from Efforts in Transition Countries, 32 Harvard International Review 43-47 (Issue 2, Summer 2010) (available at: http://hir.harvard.edu/print/law of the land/exporting legal education)
    • How Far Does Legal Education Go? 32 Harvard International Review (Issue 2, Summer 2010).
    • Arbitration or Litigation? Choice of Forum After the 2005 Hague Convention on Choice of Court Agreements, LVII Belgrade Law Review 23-35 (Issue No. 3, 2009), also reprinted at 7 Transnatinoal Dispute Management (Issue 1, April 2010).  
    • Consent, Validity, and Choice of Forum Agreements in International Contracts, Liber Amicorum Hubert Bocken 541-553 (I Boone, I. Claeys, & L. Lavrysen, eds., Die Keure, 2009).
    • Treaties and the Separation of Powers in the United States: A Reassessment after Medillín v. Texas, 47 Duquesne Law Review 707-729 (2009). 
    • The European Magnet and the U.S. Centrifuge: Ten Selected Private International Law Developments of 2008, 15 ILSA Journal of International and Comparative Law 367- 393 (2009).
    • Competition in and from the Harmonization of Private International Law, Economic Law as an Economic Good, Its Rule Function and Its Tool Function in the Competition of Systems 353-368 (Karl M. Meessen, Marc Bungenberg and Adelheid Puttler, eds. Sellier European Law Publishers, Munich, 2009). 
    • An American Perspective on the New Japanese Act on General Rules for Application of Laws, Japanese Yearbook of International Law 298-313 (2009) (with Tabitha Fish). 
    • External Effects of Internal Developments: A US Perspective on Changing Competence for Private International Law in Europe, Liber Fausto Pocar: New Instruments of Private International Law 163-179 (Stefania Bariatti and Gabriella Venturini eds. 2009).
    • Forum Non Conveniens, Max Planck Encyclopaedia of Public International Law (2008).
    • The Road to Vindabona: Preparing for the Moot, The VIS Book: A Participant's Guide to the Willem C. VIS International Commercial Arbitration Moot, Chapter 3 (Janet Walker, ed. 2008). 
    • Effective Techniques for Teaching About Other Cultures and Legal Systems, International Association of Law Schools Educational Program, Effective Teaching Techniques About Other Cultures and Legal Systems 209, May 30, 2008.
    • A New Role for Litigation in CISG Contracts: The 2005 Hague Choice of Court Convention, Drafting Contracts Under the CISG 149-166 (Harry Flechtner, Ronald A. Brand and Mark Walter eds., 2007). 
    • Judicial Review and United States Supreme Court Citations to Foreign and International Law, 46 Duquesne Law Review 423-437 (2007).
    • Balancing Sovereignty and Party Autonomy in Private International Law: Regression at the European Court of Justice, in Universalism, Tradition and the Individual, Liber amicorum dedicated to Professor Petar Šarèiviè 35 (Johan Erauw, Vesna Tomljenovic, and Paul Volken, eds., 2006)
    • Federalism and the Allocation of Sovereignty Beyond the State in the European Union, 44 Duquesne Law Review 71-79 (2005)
    • CISG Article 31: When Substantive Law Rules Affect Jurisdictional Results, 25 Journal of Law and Commerce 181-202 (2005).
    • The European Union’s New Role in International Private Litigation, 2 Loyola University Chicago School of Law International Law Review 277-293 (2005)
    • Punitive Damages Revisited: Taking the Rationale for Non-Recognition of Foreign Judgments Too Far, 24 Journal of Law and Commerce 181-196 (2005)
    • The 1999 Hague Preliminary Draft Convention Text on Jurisdiction and Judgments: A View From the United States, The Hague Preliminary Draft Convention on Jurisdiction and Judgments 3-40 (Fausto Pocar and Constanza Honorati, editors, 2005)
    • ASIL Insight: The New Hague Convention on Choice of Court Agreements ASIL Insight, July 26, 2005
    • Community Competence for Matters of Judicial Cooperation at the Hague Conference on Private International Law: A View from the United States, 21 Journal of Law and Commerce 191-208 (2002)
    • Sovereignty: The State, the Individual, and the International Legal System in the Twenty-First Century, 25 Hastings International & Comparative Law Review 279-295 (2002)
    • Forum Selection and Forum Rejection in US Courts: One Rationale for a Global Choice of Court Convention, in Reform and Development of Private International Law: Festschrift for Sir Peter North 51-87 (James Fawcett, ed., 2002)
    • Comparative Forum Non Conveniens and the Hague Judgments Convention, 37 Texas International Law Journal 467-498 (2002)

    Presentations

    • Presenter, “Improving the World of Electronic Commerce: Synthesizing Online Dispute Resolution, Consumer Protection, Private International Law, and International Arbitration,” “U.S. Impact On International Commercial Arbitration: Positive or Negative?,” Loyola Chicago Univ. Law School, February 2012.
    • Presenter, ”What is the Effect of an International Arbitration Agreement?” Teach-in on International Arbitration, Ramallah, West Bank, Palestinian Territories, December 2011.
    • Presenter, ”Shaping Rule of Law Through Legal Education,” Symposium on “The Shaping of Society and Economy Through Law,” Univ. of Augsburg Faculty of Law, November 2011.
    • Panelist, ”Private International Law in Action,” International Law Weekend, American Branch of the International Law Association, New York, NY, October 2011.

    SSRN Author Page

    News

    Awards and Honors

    • 2011 Doctor Iuris Honoris Causa, University of Augsburg

    • 2011 ABA Section of International Law, Leonard J. Theberge Award for Private International Law

    • 2003 Chancellor's Distinguished Public Service Award

    • 1990 University Center for International Studies Senior Research Fellowship

    • 1989 Fulbright Fellowship for Research in Belgium

    • 1989 Chancellor's Distinguished Teaching Award

    • 1988 Student Bar Association Excellence in Teaching Award

    Selected Professional Activities

    • Member, ASIL Working Group on Implementation of the Hague Convention on Choice of Court Agreements, Washington, D.C..
    • CILE Representative and Expert Observer at the United Nations in New York, in meetings of Working Group III of the United Nations Commission on International Trade Law.
    • Study Group on Implementation of the Hague Choice of Court Convention of the Secretary of State’s Advisory Committee on Private International Law, Washington, D.C..
    • Meeting of the Secretary of State’s Advisory Committee on Private International Law, Georgetown Univ. Law Center in Washington, D.C..
    • Moderator and Speaker, Panel on “Private International Law in Action” at the International Law Weekend.
    • Speaker, ICC Palestine, “What is the Effect of an International Arbitration Agreement?”
    • Participant, Secretary of State’s Advisory Committee on Private International Law Working Group on online dispute resolution, Washington, D.C. 
    • Member, Executive Committee, American Branch of the International Law Association, 2006‑present (Chair, Nominating Committee, 2009-11), (Member, Committee on ebila Committee Rules of Procedure, 2011)
    • Member, American Law Institute 2000‑present; Member Consultative Groups: International Jurisdiction and Judgments Project; Intellectual Property:  Principles Governing Jurisdiction, Choice of Law, and Judgments in Transnational Disputes; International Arbitration Restatement; Principles of World Trade Law
    • Member, U.S. Delegation to Special Commission of The Hague Conference on Private International Law negotiation of convention on jurisdiction and effects of foreign judgments in civil and commercial matters, and concluding the Hague Choice of Court Convention 1993‑2005
    • Associate Member, International Academy of Comparative Law, 2008-present
    • Member, Editorial Advisory Board, The Journal of Private International Law, 2003-present
    • Member, Board of Editors, American Journal of Comparative Law
    • Member, American Society of International Law, 1977-present
    • Chairman, Ad hoc Committee to study international economic law programs, 1994‑1995; Member, Interest Group on International Economic Law, 1983-present (Chairman 1987‑1989; Vice-Chairman 1985‑1987; Member, Advisory Committee, 2007-present)
    • Special Master, appointed by Federal District Judge Robert Cindrich, in Dow Chemical Co. v. Federal Ins. Co., C.A. No. 94‑0649, Western District of Pennsylvania
    • Member, Advisory Committee, EU Center of Excellence, University of Pittsburgh
    • Member, University Center for International Studies Global Studies Faculty Advisory Committee, 2003-present
    • Open Society Institute Academic Fellows Program International Scholar to support Kyiv-Mohyla Faculty of Law, 2007-08
    • Member, Open Society Institute selection committee for 2000‑2001 Muskie/FSA Graduate Fellows in Law; selection committee for Palestinian Rule of Law Fellows 2007
    • Reviewer, ABA Central and East European Law Initiative Draft Law on Foreign Investment for the Republic of Bosnia and Herzegovina, Report issued June 1, 1995
    • Member, ABA Central and East European Law Initiative Working Group for Concept Paper on International Trade for Bulgaria, Kyrgyzstan, Moldova and Poland, 1994‑1995
    • Member, Nominating Committee, American Society of International Law, 1992‑1993

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