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Conflict of Laws

In association with the Journal of Private International Law

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Last Entry: November 04, 2020 at 08:24:01

No Renvoi in Dallah

Posted on November 14, 2010
The United Kingdom Supreme Court delivered its judgment in Dallah on November 3rd, 2010. Readers will recall that the case was concerned with an arbitral award made by an ICC tribunal in Paris. Dallah was seeking enforcement in England. The Supreme court confirmed that the award would not be declared enforceable for lack of jurisdiction of [...

Don?t Dallah ? Book Now

Posted on November 12, 2010
On 3 November 2010, the UK Supreme Court issued its decision in Dallah Real Estate & Tourism Holding Company v The Ministry of Religious Affairs, Pakistan [2010] UKSC 46, with the members of the Court unanimously declining to enforce under Part III of the Arbitration Act 1996 (giving effect to the UK’s obligations under the [...

Article 24 Brussels I, abuse of proceedings and Article 6 ECHR

Posted on November 09, 2010
In an interesting case concerning jurisdiction in a maintenance case, the Dutch Supreme Court ? clearly doing justice in the individual case ? ruled that jurisdiction may be based on Article 24 Brussels I in spite of the respondent contesting jurisdiction (LJN BL3651, Hoge Raad, 09/01115, 7 May 2010, NJ 2010, 556 note Th...

Rome-ing Instinct?

Posted on November 08, 2010
In February this year, the English courts appeared finally to have woken up to the arrival of the Rome II Regulation, with the first published decision addressing its provisions. In Jacobs v Motor Insurers Bureau [2010] EWHC 231 (QB), Mr Justice Owen applied Rome II’s provisions to reach the conclusion that the compensation to be [...

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New Edition of Bureau & Muir Watt?s Droit Int?l Privé

Posted on November 07, 2010
The second edition of Dominique Bureau and Horatia Muir Watt‘s treatise on private international law was released a few weeks ago. The first edition of this two volume book was highly praised in France when published three years ago. One of its many advantages is that it discusses extensively non French sources...

Issue 2010/2 Nederlands Internationaal Privaatrecht

Posted on November 04, 2010
The second issue of the Dutch journal on Private International Law, Nederlands Internationaal Privaatrecht (www.nipr-online.eu) includes the following contributions on Party autonomy in Rome I and II; Art. 5(3) Brussels I (Zuid-Chemie case); Scope of the Service Regulation; Enforcement in the Netherlands; and Implementation of the European Order for Payment Procedure in the Netherlands: Symeon [...

P.R. China?s First Statute on Choice of Law

Posted on November 03, 2010
I am grateful to XIAO Fang, Post-doctoral fellow and lecturer at Remnin University Law School, for contributing this report. The Statute on the Application of Laws over Foreign-Related Civil Relations of the People?s Republic of China was adopted at the 17th Session of the Permanent Committee of the 11th National People?s Congress of the People?s [...

Anuario Español de Derecho Internacional Privado 2009

Posted on November 03, 2010
A new number of the AEDIPr has been released. These are the doctrinal studies included in the volume: ESTUDIOS Nerina Boschiero, ?Las reglas de competencia judicial de la unión europea en el espacio jurídico internacional? Haimo Schack, ?La (indebida) abolición de los procedimientos de exequátur en la unión europea? Alegría Borrás, ?La celebracion de convenios [...

The Battle Between Oklahoma and Foreign Law

Posted on November 03, 2010
Yesterday was election day in the United States, when the entire House of Representative and one third of the US Senate stood for reelection. It was also a day when ballot measures were taken up in several states. Strangely, choice of law was on the ballot in one state...

Belgian Court Recognizes Californian Surrogacy

Posted on November 02, 2010
In the case of the two men who had contracted with a woman living in California in a case of international surrogate motherhood, a Court of Appeal has recently issued its ruling, reversing in part the decision of the lower court (Court of Appeal of Liège, 1st Chamber, ruling of 6 September 2010, docket No [...

Convergence and Divergence in Private International Law ? Liber Amicorum Kurt Siehr

Posted on November 01, 2010
As we pointed out in a previous post, a very rich collection of essays in honor of Prof. Kurt Siehr on his 75th birthday has been recently published by Eleven International Publishing and Schulthess, under the editorship of Katharina Boele-Woelki, Talia Einhorn, Daniel Girsberger and Symeon Symeonides: Convergence and Divergence in Private International Law – [...

New Edition of Audit?s Droit International Privé

Posted on October 31, 2010
The sixth edition of Bernard Audit‘s leading treaty on French private international law was just released. This new edition is co-authored by Louis d’Avout, who is a professor of law at the University of Lyon III. More details can be found here...

Kuwait Airways Corporation v. Iraq in the Supreme Court of Canada

Posted on October 27, 2010
In yet another, but not the final, step in the very long-running litigation between KAC, IAC and the Republic of Iraq, the Supreme Court of Canada has held that the enforcement in Quebec of a 2008 judgment of the English Commercial Court ordering Iraq to pay CAD$84 million to KAC is not barred by soveriegn [...

Looking Back and Looking Forward at Canadian Private International Law

Posted on October 27, 2010
At the recent 40th Annual Workshop on Commercial and Consumer Law at the University of Toronto, three leading Canadian conflict of laws scholars – Vaughan Black of the Schulich School of Law, Joost Blom of the University of British Columbia and Janet Walker of Osgoode Hall Law School – presented a paper looking back at [...

Symeonides on Party Autonomy in Rome I and II

Posted on October 27, 2010
Dean Symeon Symeonides has posted Party Autonomy in Rome I and II from a Comparative Perspective on SSRN. The abstract reads: This essay discusses the modalities and limitations of party autonomy under the Rome I Regulation on the Law Applicable to Contractual Obligations (and secondarily Rome II) on the one hand, and the Second Conflicts Restatement, on [...

Reminder: Journal of Private International Law Conference 2011 (Milan) Call for Papers

Posted on October 27, 2010
The organisers of the conference are delighted that many people have already submitted their abstracts for the next Journal of Private International Law Conference in Milan in April 2011 but more abstracts are still very welcome. You are politely reminded that you have until the end of Sunday 31 October 2010 to email your abstract [...

Conference on Extraterritoriality and Collective Redress

Posted on October 26, 2010
The British Institute of International and Comparative Law will host a Conference on Extraterritoriality and Collective Redress on November 15th in London. This event will provide a forum for the debate of latest developments in the area of international mass litigation...

Cuadernos de Derecho Transnacional, vol. 2/2010

Posted on October 24, 2010
The second issue for 2010 of the Cuadernos de Derecho Transnacional, the Spanish journal published twice a year by the Área de Derecho Internacional Privado of Univ. Carlos III of Madrid under the editorship of Alfonso Luis Calvo-Caravaca (Univ. Carlos III) and Javier Carrascosa-González (Univ...

Choice of Law and Pre-Nuptial Agreements.

Posted on October 21, 2010
I really have sympathy for Nicolas Granatino. It is no only because he is French. He also gave up a career in investment banking at JP Morgan in his mid-30s to become a biotechnology researcher at Oxford University. Like many readers of this blog, he chose to devote his life to research...

Dutch Conference on the Impact of the ECHR on Private International Law

Posted on October 20, 2010
On 12 November 2010 the Netherlands Organisation for Scientific Research (NWO), the Amsterdam Center for International Law (ACIL) and the Centre for the Study of European Contract Law (CSECL) will organize a symposium about ‘The Impact of the European Convention on Human Rights on Private International Law’...

ATS and the lack of corporate liability under International Law

Posted on October 19, 2010
For those interest in the fate of the american ATS, see the recent order of the US District Court of the Southern District of Indiana here (a summary of the decision by Antoine Martin, PhD reasearcher in International Law at the University of Surrey and editor of International Law Notepad website, may also be found [...

Childress on Erie and International Cases

Posted on October 19, 2010
Trey Childress, who teaches at Pepperdine University School of Law, has posted When Erie Goes International on SSRN. Here is the abstract: This Article challenges the widely held belief that the Erie doctrine automatically applies in private international law cases ? namely, cases where a United States federal court is asked by private litigants to apply foreign, non-United [...

New French Book on Private International Law

Posted on October 18, 2010
Professor Olivier Cachard, who is the Dean of the Law Faculty of Nancy, has recently published a book on French private international law. The book is short (less than 300 pages). It aims at surveying the subject, and will thus be very useful for not only for students, but also for foreigners wishing to get a [...

New French Book on International Commercial Law

Posted on October 14, 2010
The second edition of Jean-Michel Jacquet, Philippe Delebecque and Sabine Corneloup’s manual on international business law (Droit du commerce international) was released this summer. It is one of the few comprehensive French books in this field, and it is up to date...

Rueda and Cuniberti on Abolition of Exequatur

Posted on October 13, 2010
Isabelle Rueda and I (University of Luxembourg) have posted Abolition of Exequatur – Addressing the Commission’s Concerns on SSRN. The abstract reads: After the European Council called for the reduction of intermediate measures necessary for the enforcement of judgments, the European Commission has initiated a process of gradual abolition of exequatur in the European Union...

Faculty Position at National University of Singapore

Posted on October 10, 2010
The Faculty of Law at the National University of Singapore invites applications for full-time academic appointment at all levels. JOB DESCRIPTION: We seek candidates who are committed to excellence in research and teaching. Applications in all areas are welcome...

Another twist in surrogacy motherhood saga

Posted on October 08, 2010
Many thanks to Isabel Rodríguez-Uría Suárez The 5th of October the Spanish Dirección General de los Registros y el Notariado (hereinafter DGRN) has issued an Instruction about the regulation of affiliation registration in cases of surrogate pregnancy in order to protect the best interests of the child and the interests of the women who give [...

Conference on the Judge and the Border in Beirut

Posted on October 07, 2010
An international conference will be held on 22 October 2010 in Beirut, Lebanon, on ‘The Judge and the Border’. The morning session focuses on ‘The extra-territorial activity of the courts’, and deals with the powers of the courts in respect of foreign territories, foreign evidence, foreign litigants, foreign judgments, etc...

Enforcement, Liability and Jurisdiction

Posted on October 05, 2010
Which court has jurisdiction over liability actions against banks in relation to enforcement measures? In Europe, does such action fall under Article 22 of the Brussels I Regulation? In April this year, the French Supreme court for private and criminal matters (Cour de cassation) delivered an interesting judgment in this respect...

(European) Mercy for Jérôme Kerviel?

Posted on October 05, 2010
Jérôme Kerviel was a young trader with a promising future. Today, a French criminal court ordered him to pay his employer Société Générale ? 4.9 BILLION in damages. The court has also sentenced him to serve 3 years in prison. Unsurprisingly, M. Kerviel has already announced that he will appeal...

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