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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

Assistant in Private International Law in Luxembourg

Posted on November 17, 2008
The Faculty of Law of the University of Luxembourg is seeking to recruit an Assistant (PhD student) in Private International Law. The candidate should be a PhD student who will be expected to work on his doctorate, to teach a few hours per week (one to three) and to contribute to research projects in private international [...

New Service Regulation No 1393/2007 and Denmark (Update)

Posted on November 17, 2008
Following our recent post on the application of Reg. No 1393/2007 since 13 November 2008, and the issue of the participation of Denmark, we would like to point out an item published on the newsletter of the Danish Ministry of Justice (No 119 of 21 December 2007)...

Rome I: Commission?s Opinion on the Opting-In by the UK

Posted on November 15, 2008
Following the formal notification of 24 July 2008 by the United Kingdom of its wish to participate in Reg. No 593/2008 (Rome I), the Commission has expressed its opinion - doc. COM 2008(730) fin. of 7 November 2008 - pursuant to the procedure set out in Art...

New Service Regulation Applicable in EU - In Denmark, as well?

Posted on November 14, 2008
Starting from yesterday, 13 November 2008, new Regulation No 1393/2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (see our previous posts here and here) is applicable in the Member States (see its Art...

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Daimler Chrysler v Stolzenberg, Part 9: Luxembourg

Posted on November 12, 2008
The Stolzenberg case will also be litigated before the European Court of Justice! Last year, the Court of Appeal of Milan, Italy, referred two questions to the ECJ on the interpretation of the public policy clause of Article 27(1) of the 1968 Brussels Convention...

Italian Conference on the Rome I Reg.: ?La nuova disciplina comunitaria della legge applicabile alle obbligazioni contrattuali?

Posted on November 10, 2008
A very interesting conference on the Rome I Regulation will be hosted by the University of Venice “Ca’ Foscari” on Friday 28 November 2008: “La nuova disciplina comunitaria della legge applicabile alle obbligazioni contrattuali” (The new EC regime on the law applicable to contractual obligations)...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (6/2008)

Posted on November 09, 2008
Recently, the November/December issue of the German legal journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): B. Hess: “Rechtspolitische �berlegungen zur Umsetzung von Art...

Ontario Court Orders Children Returned to United Kingdom

Posted on November 07, 2008
�In Courtney v. Springfield�(available here)�the parties had cohabitated as a same-sex couple for nine years in the United Kingdom and the defendant had adopted two children (the couple could not legally adopt them as a couple).� The defendant separated from the plaintiff in 2003 and moved to Ontario with the children in 2007...

French Case on Lis Pendens under Brussels II bis Regulation

Posted on November 06, 2008
The French Supreme Court for Private and Criminal Matters (Cour de cassation) handled an interesting decision earlier this year on lis pendens under Regulation 2201/2003 of 27 November 2003 (Brussels IIbis). In this case, two spouses initiated divorce proceedings in England and France the same day...

New publication: Kruger on EU jurisdiction rules and third states

Posted on November 05, 2008
T. Kruger, Civil Jurisdiction rules of the EU and their impact on third States, Oxford University Press, 2008, 442p. This new publication by the South African author Dr Thalia Kruger examines the civil jurisdiction rules of the EU, contained in Council Regulations 44/2001 (Brussels I), 2201/2003 (Brussels IIbis), and 1346/2000 (Insolvency Regulation) through the lens [...

Publication: Heidelberg Report on the Application of Regulation Brussels I

Posted on November 05, 2008
The General Report of the Study on the Application of Regulation Brussels I in the (former) 25 Member States (Study JLS/C4/2005/03) has recently been published: “The Brussels I Regulation 44/2001 Application and Enforcement in the EU” edited by Burkhard Hess, Thomas Pfeiffer and Peter Schlosser The study has been conducted under the direction of Prof...

Publication: Festschrift Jan Kropholler

Posted on November 03, 2008
Recently, the Festschrift in honor of Prof. Dr. Jan Kropholler titled ?Die richtige Ordnung Festschrift f�r Jan Kropholler zum 70. Geburtstag” (The Right Order. Festschrift for Jan Kropholler on his 70th birthday) edited by Dietmar Baetge, Jan von Hein and Michael von Hinden has been published...

Publication: Cheshire, North & Fawcett on Private International Law

Posted on October 31, 2008
The fourteenth edition of one of the world’s leading texts on private international law has just been published. Professor James Fawcett has been elevated to the status of co-author, after twenty-one years at the editorial helm. Sir Peter North, who has been involved with the text since 1970, has handed over his responsibilities to Dr [...

ECJ: New Reference on Art. 11 (2) Brussels I

Posted on October 30, 2008
Another new reference on the interpretation of the Brussels I Regulation has been referred to the ECJ for a preliminary ruling: The Landesgericht Feldkirch (Austria) has asked the following questions: Is the reference in Article 11(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in [...

Ruling Dutch Supreme Court on Article 4 Rome Convention

Posted on October 30, 2008
On 17 October 2008, the Dutch Supreme Court delivered a judgment in the case Baros A.G. (Switzerland) v. Embrica Maritim Hotelschiffe GmbH (Germany), concerning the application of Article 4 of the Rome Convention (Hoge Raad, 17 October 2008, No C07/037HR; LJN: BE7201)...

French Doctorate on the Use of the Lex Fori

Posted on October 29, 2008
Ms Peggy Carlier has recently completed her doctorate at the Universiy of Lille on “How to use the Lex Fori in the Conflict of Laws Process” (”L’utilisation de la lex fori dans la r�solution des conflits de lois“). The English abstract reads: By overemphasising the benefits of foreign law as the mean of the resolution of conflicts [...

Reference for preliminary ruling on relationship Insolvency Regulation and Brussels I

Posted on October 29, 2008
It has been a while, but this reference for a preliminary ruling is nevertheless worth mentioning. In its judgment of 20 June 2008, the Dutch Supreme Court, in a case between the German company Graphics Graphische Maschinen GmbH and A. van der Schee, acting as liquidator of Holland Binding BV, referred questions to the ECJ [...

Recent Second Circuit Decision: The Courthouse Door is Temporarily Shut, Though Still Left Ajar, for Foreign Securities Plaintiffs

Posted on October 27, 2008
National Bank of Australia purchased U.S. mortgage service provider HomeSide Lending Inc. in 1998. Three years later, the bank was forced to admit that its calculations on the amount of fees HomeSide was generating from servicing mortgages were overstated...

Book: Transnational Litigation

Posted on October 23, 2008
A new book offers an Irish perspective on international and European litigation. Michelle Smith De Bruin, an Irish�barrister at King’s Inns, Dublin, has recently published�Transnational Litigation - Jurisdiction and Procedure (Thomson Round Hall Press, hardback)...

Lis pendens in Spain (autonomous PIL)

Posted on October 22, 2008
Spanish autonomous PIL regulation is scattered and incomplete. In particular, we still lack of a rule on international lis pendens. The case law position on the matter seems quite clear, however: in the absence of any international agreement, the international lis pendens defense is not allowed: as the foreing ruling does not produce res judicata [...

Ghassemi v. Ghassemi: An Interesting Decision from the Louisiana Court of Appeal

Posted on October 21, 2008
This is certainly not the first case, or the last case, to discuss the inherent conflict that results when a state provides that foreign marriages should be recognized, but nonetheless bans a certain form of marriage that is permitted elsewhere. It does, however, illustrate a noteworthy approach where the two states are worlds-apart in [...

On Spanish Civil War and Dictatorship: why not claim abroad?

Posted on October 20, 2008
The twentieth century has been the century of human rights vindication. Its last two decades have witnessed a very special phenomenon in this regard: the privatization of lawsuits brought for crimes against the most basic human rights. Individuals, singly or grouped, seek civil redress before domestic courts against the State (its officers, its agents; also [...

French Supreme Court Applies Blocking Statute

Posted on October 20, 2008
I should have reported much earlier this interesting case�of the French Supreme Court for Private and Criminal Matters (Cour de cassation) which applied for the first time the French 1980 statute which�criminalizes�cooperation with U.S. discovery procedures...

AG Opinion in Case ?Deko Marty Belgium?

Posted on October 17, 2008
Yesterday, the opinion by Advocate General Ruiz-Jarabo Colomer in case C-339/07 (Rechtsanwalt Christopher Seagon als Insolvenzverwalter �ber das Verm�gen der Frick Teppichboden Superm�rkte GmbH v Deko Marty Belgium N.V.) has been released. The case concerns the delimitation of Regulation (EC) No...

BIICL Research Fellowship in International Private Law

Posted on October 14, 2008
The British Institute of International and Comparative Law is seeking to appoint a Senior Research Fellow in International Private Law. The advertisement can be found here and a full job description can be found here. The post is a research post, with no teaching duties...

ECJ: Judgment in Case ?Grunkin and Paul?

Posted on October 14, 2008
Today, the ECJ delivered its judgment in case C-353/06 (Grunkin and Paul) which has been awaited with high interest. As reported in previous posts, the background of the case is as follows: The case concerns a child who was born in Denmark having, as well as his parents, only German nationality...

Japan Accedes to CISG

Posted on October 13, 2008
We do not usually report on uniform law, but�Japan was one of the few major trading powers which had not acceded to the CISG. � The report of the United Nations Information Service is here. Is the UK next? [Click on the title above to view the full item on Conflict of Laws ...

EC Commission Presents a Proposal for a Directive on Consumer Rights

Posted on October 09, 2008
On 8 October 2008, Commissioner Meglena Kuneva (DG Health and Consumers) presented a new Proposal for an EC directive on consumer rights (COM(2008) 614) (see the Consumer Acquis webpage). The proposal aims to revise four existing directives on consumer contracts (the cornerstones of EC legislation in the field: Dir...

Third Issue of 2008?s Revue Critique Droit Int?l Priv�

Posted on October 08, 2008
The third issue of French Revue Critique de Droit International priv� for 2008 will be released shortly. It will include four articles, all relating to conflict issues. In the first article, Charalambos Pamboukis, who is a professor at the university of Athens, Greece,�explores the renewal and metamorphosis of recognition as a�method�to address conflicts problems (La renaissance-m�tamorphose [...

Book: Liber Amicorum H�l�ne Gaudemet-Tallon

Posted on October 06, 2008
The French publisher Dalloz has recently published a very rich collection of essays in honor of H�l�ne Gaudemet-Tallon, Professor Emeritus at the University of Paris II and Associate Member of the Institut de Droit International, one of French leading scholars in the field of conflicts of laws and jurisdictions (among her recent works, see Le [...

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