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Ronald A. Brand

Ronald A. Brand

Academic Director, CILE
Chancellor Mark A. Nordenberg University Professor and John E. Murray Faculty Scholar
(412) 648-1307
rbrand@pitt.edu
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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: Transaction Planning Using Rules of Jurisdiction and the Recognition and Enforcement of Judgments (Hague Academy of International Law, Pocketbook Series, 2014); Fundamentals of International Business Transactions, Vols I and II (4th edition, CILE, 2013); 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); and Private Law, Private International Law, and Judicial Cooperation in the EU-US Relationship, (West 2005).

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
Degree: 
JD, Cornell University
Degree: 
BA, University of Nebraska

Publications

Books:

  • Transaction Planning Using Rules Of Jurisdiction And The Recognition And Enforcement Of Judgments, Hague Academy Collected Courses (Hague Academy of International Law, Pocketbook Series)
  • Transaction Planning Using Rules Of Jurisdiction And The Recognition And Enforcement Of Judgments, 358 Hague Academy Collected Courses (Recueil des cours) (2013)
  • Fundamentals Of International Business Transactions Vols I and II (4th edition, CILE, 2013), (3rd edition, CILE, 2012); (2nd edition, CILE, 2011)
  • Fundamentals Of International Business Transactions: Documents Supplement (4th edition, CILE, 2013), (3rd edition, CILE, 2012); (2nd edition, CILE, 2011)
  • Recognition And Enforcement Of Foreign Judgments (Federal Judicial Center International Litigation Guide 2012) available from FJC.gov.
  • The Export Of Legal Education: Its Promise And Impact In Transition Countries (with D. Wes Rist, Ashgate Press 2009)
  • International Civil Dispute Resolution (with Charles Baldwin, David Epstein, and Michael Gordon, West Group, 2d edition 2008) (with Documents Supplement and Teacher’s Manual)
  • The 2005 Hague Convention On Choice Of Court Agreements (with Paul M. Herrup, Cambridge University Press 2008)
  • Drafting Contracts Under The CISG, 4 CILE Studies (with Harry Flechtner and Mark Walter, Oxford University Press 2008)
  • Forum Non Conveniens:  History, Global Practice And Future Under The Hague Convention On Choice Of Court Agreements, 3 CILE Studies (with Scott Jablonski, Oxford University Press 2007)
  • Private Law, Private International Law, And Judicial Cooperation In The EU-US Relationship, 2 CILE Studies (West 2005)
  • The Draft Uncitral Digest And Beyond – Cases, Analysis And Unresolved Issues In The U.N. Sales Convention, 1 CILE Studies (with Franco Ferrari and Harry Flechtner, 2005) (reissue of the original work published by Sellier European Law Publishers in 2004)
  • International Civil Dispute Resolution (with Charles Baldwin, David Epstein, and Michael Gordon, West Group, 2004) (with Documents Supplement and Teacher’s Manual)
  • The Draft Uncitral Digest And Beyond – Cases, Analysis And Unresolved Issues In The U.N. Sales Convention (with Franco Ferrari and Harry Flechtner, Sellier European Law Publishers, 2004)
  • Fundamentals Of International Business Transactions (Kluwer Law International, 2000)
  • Fundamentals Of International Business Transactions: Documents (Kluwer Law International, 2000)
  • Enforcing Foreign Judgments In The United States And United States Judgments Abroad (American Bar Association Section of International Law and Practice, 1992)
  • Basic Documents Of International Economic Law (with Stephen Zamora, Commerce Clearing House, Inc. 1990)
  • Disclaimers In Estate Planning:  A Guide To Their Effective Use (with William P. LaPiana, American Bar Association Section on Real Property, Probate and Trust Law 1990)

Books (Series Editor):

  • Michael Karayanni, Conflicts In A Conflict: A Conflict Of Laws Case Study On Israel And The Palestinian Territories, 5 CILE Studies (Oxford University Press, 2014)

Articles and Chapters:

  • State Recognition, Private International Law, and Kosovo, __ Review Of Central And East European Law (RCEEL) (forthcoming 2014)
  • The Unfriendly Intrusion of Consumer Legislation into Freedom to Contract for Effective ODR, Liber Amicorum Johan Erauw 365-380 (Maud Piers, Henri Storm, Jinske Verhellen, eds., Intersentia 2014)
  • Federal Judicial Center International Litigation Guide: Recognition and Enforcement of Foreign Judgments, 74 University Of Pittsburgh Law Review 491-548 (2013)
  • The Evolving Private International Law/Substantive Law Overlap in the European Union, Festschrift Für Ulrich Magnus Zum 70. Geburtstag 371-384 (Peter Mankowski & Wolfgang Wurmnest, eds.,  Sellier European Law Publishers, 2014)
  • Special Report: Kosovo After the ICJ Opinion, Introduction, 74 University Of Pittsburgh Law Review 593-597 (2013)
  • Cooperation in Legal Education and Legal Reform, 74 University Of Pittsburgh Law Review 650-657 (2013)
  • Shaping the Rule of Law Through Legal Education, 75 Augsburger Rechtsstudien: Gerechtigkeitsfragen In Gesellschaft Und Wirtschaft, 40 Jahre Juristische Facultät Augsburg 11 (Arnd Koch & Matthias Rossi, eds. 2013)
  • Challenges to Forum Non Conveniens, 45 NYU Journal Of International Law And Politics 1003-1035 (2013)
  • Implementing the 2005 Hague Convention: The EU Magnet and the US Centrifuge, Liber Amicorum Alegria Borrás 267-76 (Forner Delaygua-González Beilfuss-Vinñas Farré, ed. 2013)
  • Forum Non Conveniens, Max Planck Encyclopaedia Of Public International Law (updated version 2013)
  • Jurisdictional Developments and the New Hague Judgments Project, A Commitment To Private International Law: Essays In Honour Of Hans Van Loon 89-99 (2013)
  • Party Autonomy and Access to Justice in the UNCITRAL Online Dispute Resolution Project, 10 Loyola University Chicago International Law Review 11-36 (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).
  • Recognition Jurisdiction and the Hague Choice of Court Convention, Liber Amicorum Kresimir Sajko 155-187 (Hrvoje Sikirič, Vilim Bouček & Davor Babič, eds., 2012)
  • The Rome I Regulation Rules on Party Autonomy for Choice of Law: A U.S. Perspective, (Dec. 2011).
  • 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)
  • 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 Transnational Dispute Management (Issue 1, April 2010).  
  • 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.
  • 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). On SSRN.
  • 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).
  • The Export of Legal Education: Its Promise and Impact in Transition Countries, The Export of Legal Education: Its Promise and Impact In Transition Countries, chapter 1 (Ronald A. Brand & D. Wes Rist, eds., Ashgate, 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). 
  • 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)
  • Private Law, Private International Law, and Judicial Cooperation in the EU-US Relationship (West, 2005). Abstract available on SSRN.
  • 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)

Selected Presentations:

  • “Understanding Judgments Recognition,” Symposium on “The Changing Relationship Between International Law and U.S. Law,” sponsored by the North Carolina Journal of International Law and Commercial Regulation, University of North Carolina School of Law, January 30, 2015
  • Comments on “When U.S. Treaty Powers and State Law Collide — The Controversy over Implementing the 2005 Hague Convention” by Peter D. Trooboff.  New York University Law School Center for Transnational Litigation, Arbitration and Commercial Law Program, November 24, 2015.
  • “Kosovo Accession to International Organizations: Private International Law,” Workshop on “Kosovo as a Member of the International Community – Accession to International Organisations,” University of Graz, Austria, March 21, 2014
  • “Protecting Consumers in Online Transactions:  Why EU Consumer Protection Rules Should be Replaced with Rules from ‘the Titanic of Worst Decisions’ by the U.S. Supreme Court,” Foreign Chair Lecture at the University of Ghent Faculty of Law, Ghent, Belgium, March 13, 2014
  • “The Recognition of Foreign Judgments in the U.S. and Europe and the Hague Conference Judgments Project,” Institute for European Studies (IES), Brussels, Belgium, March 11, 2014
  • Moderator, panel “Private International Law: The Year in Review” at the International Law Weekend hosted by the American Branch of the International Law Association, New York, Oct. 25, 2013
  • “Contract Drafting Lessons From Rules on Jurisdiction and Choice of Forum in Europe,” at the 2013 International Law Weekend-Midwest, held at Washington University School of Law in St. Louis, Missouri, Sept. 20, 2013
  • “Making U.S. Judgments Recognition Law: A Three-dimensional Chess Game,” presented as part of a panel on “Responsible Enforcement of Foreign Judgments,” at a symposium on “Transnational Forum Shopping,” at Pepperdine University School of Law, Sept. 19, 2013
  • “The European Court of Justice and Private International Law: An American Perspective,” lecture at the University of Prishtina Faculty of Law, Kosovo, June 7, 2013
  • “An Introduction to U.S. Law” and “U.S. Legal Education,” lectures at Moi University School of Law, Eldoret, Kenya, January 14-15, 2013
  • “A Comparative Law Perspective on Forum Non Conveniens,” panel discussion titled “Regulating Forum Shopping: Courts’ Use of Forum Non Conveniens in Transnational Litigation” at the 18th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium at the New York University School of Law, On October 25, 2012
  • “Legal Education and Legal Reform,” Conference on “Kosovo After the ICJ Opinion,” Center for International Legal Education, University of Pittsburgh School of Law, October 24, 2012
  • “International Law, Diplomacy, and National Politics: Reflections on the Negotiation and Implementation of the 2005 Hague Convention on Choice of Court Agreements,” combined meeting of the Honorable Amy Reynolds Hay Chapter and the W. Edward Sell Chapter of The American Inns of Court, May 17, 2012
  • “Improving the World of Electronic Commerce:  Synthesizing Online Dispute Resolution, Consumer Protection, Private International Law, and International Arbitration,” at the Loyola Chicago University Law School conference on “U.S. Impact On International Commercial Arbitration:  Positive or Negative?” February 10, 2012
  • “What is the Effect of an International Arbitration Agreement?”  Teach-in on International Arbitration, Ramallah, West Bank, Palestinian Territories, December 7, 2011
  • “Shaping Rule of Law Through Legal Education,” Symposium on “The Shaping of Society and Economy Through Law” at the University of Augsburg Faculty of Law, November 18, 2011
  • “Private International Law in Action,” panel at the International Law Weekend, American Branch of the International Law Association, New York, NY, October 21, 2011 

Awards and Honors

  • 2011 Doctor Juris 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, Inaugural Advisory Committee, Global Studies Center, University of Pittsburgh, 2012-present
  • Invited Expert Observer, United Nations Commission on International Trade Law, Working Group III on Online Dispute Resolution, 2010-present
  • Member, Advisory Committee, Center for Russian and East European Studies, University of Pittsburgh, 2010-present
  • Member, Advisory Board, Sultan Qaboos University College of Law, Muscat, Oman. 2010-present
  • Member, ASIL Working Group on Implementation of the Hague Convention on Choice of Court Agreements, Washington, D.C..
  • Observer, National Conference of Commissioners on Uniform State Laws (NCCUSL) Drafting Committee for the International Choice of Court Agreements Implementation Act, 2009-2012
  • Member, Executive Committee, American Branch of the International Law Association, 2006‑present (Chair, Nominating Committee, 2009-11), (Member, Committee on ABILA 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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