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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

Publication ? Resolving International Conflicts

Posted on January 04, 2010
Peter Hay (Emory Univ. – Law), Lajos Vékás (ELTE – Law), Yehuda Elkana (Central European Univ.), & Nenad Dimitrijevic (Central European Univ. – Political Science) have published Resolving International Conflicts: Liber Amicorum Tibor Várady (Central European Univ...

Publication: Intellectual Property and Private International Law

Posted on January 04, 2010
Happy New Year to everybody. I have not posted in a while, but am now freed from the shackles of teaching (well, mostly) for this year, and so can devote myself to conflictoflaws.net once again (not, I’m sure, that anyone noticed my absence, given the dedication of my co-editors)...

French Conference on Breach of Jurisdiction Agreements

Posted on January 03, 2010
The Master of arbitration and international commercial law of the university of Versailles Saint-Quentin will organize a conference on January 19th on Damages for Breach of Jurisdiction and Arbitration Agreement. The speaker will be professor Koji Takahashi, from Doshisha University (Kyoto, Japan)...

Approach to Jurisdiction under the CJPTA

Posted on December 28, 2009
The British Columbia Court of Appeal’s decision in Stanway v. Wyeth Pharmaceuticals Inc., 2009 BCCA 592 (available here) is an important contribution to the developing Canadian jurisprudence on the Civil Jurisdiction and Proceedings Transfer Act, a statute governing the taking of jurisdiction that has been adopted in several provinces...

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Private International Law Dispute before the ICJ (Belgium v. Switzerland on the Interpretation and Application of the Lugano Convention)

Posted on December 27, 2009
The increasing intertwining between private international law and public international law has been once again and very recently proved. The International Court of Justice will indeed be the theatre of a promising interesting debate between Belgium and Switzerland in respect of the Lugano Convention...

Swiss Institute of Comparative Law: Conference on the EU?s Proposal on Succession

Posted on December 23, 2009
On Friday, 19th March 2010, the 22nd Journée de droit international privé, organised by the Swiss Institute of Comparative Law (ISDC) and the University of Lausanne (Center of Comparative Law, European Law and Foreign Legislations), will analyse the Commission’s Proposal on Succession: “Droit international privé des successions ? quel futur en Europe et en Suisse?”...

English Book on the Rome I Regulation

Posted on December 22, 2009
Will the new Rome I Regulation meet its goals -to improve the predictability of the outcome of litigation? -to bring certainty as to the law applicable and the free movement of judgments? -to designate the same national law irrespective of the country of the court in which an action is brought? Edited by Prof...

Publication: Reithmann/Martiny: Internationales Vertragsrecht

Posted on December 22, 2009
The 7th edition of the work Internationales Vertragsrecht edited by Christoph Reithmann and Dieter Martiny has recently been published. The new edition of this well-established book includes in particular the new Rome I Regulation (Regulation (EC) No...

The Enforceability of Forum Selection Clauses: Federal or State Law?

Posted on December 22, 2009
The Supreme Court has long-extolled a federal policy favoring liberal enforcement of forum selection clauses and has held that such clauses ?should control absent a strong showing that [they] should be set aside.? Carnival Cruise Lines, Inc. v. Shute, 499 U...

Swiss Conference on IP Litigation

Posted on December 21, 2009
The University of Geneva will host a conference on the Resolution of Intellectual Property Disputes on February 8th, 2010. The programme can be found here and after the jump. 8 février 2010: La résolution des litiges de propriété intellectuelle / Resolution of intellectual property disputes Matin Président de séance : Prof...

Google Loses in French Copyright Case

Posted on December 18, 2009
See this report of the New York Times: A French court ruled on Friday that Google infringed copyrights by digitizing books and putting extracts online without authorization, dealing a setback to its embattled book project. The court in Paris ruled against Google after a publishing group, La Martiničre, backed by publishers and authors, argued that the industry [...

Franco-American Lis Pendens

Posted on December 17, 2009
It is not good to be a Franco-American couple these days. Yesterday, the French supreme court for private and criminal matters (Cour de cassation) delivered yet another judgment on parallel divorce proceedings in the U.S. and in France. The story was pretty much the same as in a case on which I have previously reported...

Rushing to Court or Rushing to Judgment?

Posted on December 16, 2009
Should lis pendens also result in denying recognition to judgments issued by foreign courts seized second? No, ruled the French Supreme court for civil and criminal matters (Cour de cassation) in a case involving a French court and an American court...

Fourth Issue of 2009?s Journal du Droit International

Posted on December 14, 2009
The fourth issue of French Journal du Droit International (also known as Clunet) has just been released. It contains two articles dealing with conflict issues. The first is authored by professor Sylvette Guillemard (Laval, Canada) and Mr. Jacob Stone...

French Publication: Special Issue of Gazette du Palais on International Litigation

Posted on December 10, 2009
Once a year, the French daily legal journal Gazette du Palais has an issue dedicated to european and international litigation (Contentieux judiciaire européen et international). It typically includes articles and case notes. The last issue was released on November 28th, 2009...

Martinez will have to wait

Posted on December 07, 2009
May first instance courts refer cases to the ECJ? May they apply European treaties which are not in force? We had already reported that a French first instance court referred a case to the ECJ in Martinez seeking interpretation of articles 2 and 5(3) of the Brussels I Regulation (Case C278/09)...

New Title on Nagoya University Comparative Study of Civil Justice

Posted on December 06, 2009
Professor Masanori Kawano, from Nagoya University, leads the project ?Establishing a new framework for realizing effective transnational business litigation?, supported by the Grant-in-Aid Program for Creative Scientific Research of JSPS. Main aim of this project is the setting up of an international framework and a methodology for comparative legal studies, in order to alleviate the [...

Non-Domiciled Parties and the Brussels I Regulation: A Phantom Menace

Posted on December 04, 2009
The Judges and Advocates General adjourned for lunch to discuss matters of common concern. Just before service of coffee, a pallid apparition entered the room, silently but menacingly. It wore a full bottomed wig, respecting its former custom, but appeared to have changed for the occasion into more modern, red and black Betty Jackson robes...

US Supreme Court Grants Review in Case Involving Whether US Securities Laws Apply to Transnational Dealings

Posted on December 02, 2009
On Monday, the US Supreme Court granted certiorari in the case of Morrison, et al., v. National Australia Bank, et al. (08-1191), even though the US Solicitor General had urged it to bypass the case. The case presents the following issue: Whether the judicially implied private right of action under Section 10(b) of the Securities [...

Prize Established for Best Essay on Conflict of Laws

Posted on December 02, 2009
The following announcement will be of interest to many of our readers. The Private International Law Interest Group of the American Society of International Law has established a prize for the best essay on any topic of conflict of laws. The terms and conditions for the call of papers for the prize are as follows: “Private International [...

Security for claim and costs in action of incola against peregrinus

Posted on December 02, 2009
In a recently published judgment of the High Court of South Africa, Cape Provincial Division (Silvercraft Helicopters (Switzerland) v Zonnekus Mansions 2009 (5) SA 602)), the Court had to deal with the question whether, in terms of the common law, an order for security for the claim, or only for costs, was to be made [...

Jurisdiction to Take Control over, and Liquidate, Foreign Companies

Posted on December 01, 2009
Is it permissible for a court to appoint a receiver whose powers will include taking control of a foreign company, holding in his possession all its assets, and liquidate it? Would that, at the very least, require recognition of the court order in the jurisdiction where the company has its seat? These are some of the [...

Case note on Gambazzi

Posted on November 30, 2009
I have posted a draft case note in English on the Gambazzi case on SSRN. It discusses a variety of the issues raised by the judgment of the ECJ, including the characterization of English default judgments as judgments within the meaning of article 25 of the Brussels Convention (as it was then) and the compatibility of the [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (6/2009)

Posted on November 28, 2009
Recently, the November/December issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): Klaus Bitterich: “Vergaberechtswidrig geschlossene Verträge und internationales Vertragsrecht” – the English abstract reads as follows: This article is concerned with the law applicable to international (works or supplies) contracts concluded by [...

Eldon Foote?s Domicile on May 17, 2004

Posted on November 23, 2009
Those interested in lengthy discussions of the law of domicile might enjoy the Alberta Court of Queen’s Bench’s odyssey undertaken to determine where the late Eldon Foote died domiciled (available here). The decision is over 100 pages long...

French Conference on Parallel Litigation

Posted on November 22, 2009
The Master of arbitration and international commercial law of the university of Versailles Saint-Quentin will organize a conference on Thursday November 26th on parallel litigation. There will be two speakers, who will speak in French. First, Gilberto Boutin, from the university of Panama, will present recent developments in the doctrines of forum non conveniens and lis pendens in [...

The Written Observations Submitted in the Gambazzi Case

Posted on November 19, 2009
Many thanks to Prof. Koji Takahashi for sending the following text and the files with the written observations submitted in the Gambazzi case. The written observations submitted to the European Court of Justice are normally unpublished. Earlier this year, I obtained the observations submitted in Case C-394/07 Gambazzi by the United Kingdom, the Republic of [...

Jurisdiction to Enjoin a Foreign Website in the EU, Part II

Posted on September 30, 2009
In a previous post, I had reported how the French Cour de cassation ruled that French courts had jurisdiction to enjoin a foreign based website to carry on illegal activities in France, and to impose a financial penalty in case of non-compliance. On January 15th, 2009, the same division of the court ruled on another injunction [...

Quebec Court Stays Palestinian Claim Against West Bank Builders

Posted on September 27, 2009
Things have certainly been quiet on the Canadian front over the past few months. Ending the lull, in a decision filled with different conflict of laws issues, the Quebec Superior Court held, in Bil’In Village Council and Yassin v. Green Park International Inc...

There are two new references for

Posted on September 25, 2009
There are two new references for a preliminary ruling: One on the scope of application of Regulation (EC) 1347/2000 (C-312/09, Michalias) and one on Regulation (EC) No 1206/2001 (C-283/09, Werynski) No related posts.

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