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Conflict of Laws

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

Weintraub on Rome II: Simple and Predictable, Consequences-Based, or Neither?

Posted on August 25, 2008
Prof. Russell J Weintraub (University of Texas at Austin, School of Law) has published an interesting article on the Rome II Regulation in the latest issue of the Texas International Law Journal (Summer 2008): ?The Choice-of-Law Rules of the European Community Regulation on the Law Applicable to Non-Contractual Obligations: Simple and Predictable, Consequences-Based, or Neither?? [...

Hamburg Lectures on Maritime Affairs

Posted on August 21, 2008
From 25 August to 20 October 2008 this year’s Hamburg Lectures on Maritime Affairs, organised by the International Max Planck Research School for Maritime Affairs and the International Tribunal of the Law of the Sea (ITLOS), will take place in Hamburg...

Rome I Regulation Conference - Now CPD Accredited

Posted on August 20, 2008
Our conference on the Rome I Regulation: New Choice of Law Rules in Contract, to take place at Herbert Smith’s offices in London on 19th September 2008, is now accredited with CPD by both the Solicitors Regulation Authority (5.5 hours) and the Bar Standards Board (5 hours)...

Drawing a Line in the Sand: Personal Jurisdiction for Acts of Terrorism

Posted on August 14, 2008
The Second Circuit today issued a noteworthy decision on whether and when foreign individuals are subject to personal jurisdiction in U.S. Courts for acts of international terrorism. See In re Terrorist Attacks on September 11, 2001, No. 06-cv-0319 (2d Cir...

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Article on Rome I Regulation

Posted on August 14, 2008
Stefan Leible and Matthias Lehmann (both University of Bayreuth, Germany) have published an article on the Rome I Regulation: “Die Verordnung �ber das auf vertragliche Schuldverh�ltnisse anzuwendende Recht (”Rom I”). The article has appeared in the August issue of the German legal journal Recht der Internationalen Wirtschaft (RIW), 2008, pp...

Reminder: Essay Competition in Private International Law 1st September Deadline

Posted on August 13, 2008
A short note to remind all that the deadline for the Conflict of Laws .net Essay Competition in Private International Law, sponsored by Clifford Chance LLP and Hart Publishing, is 1st September 2008 at 6pm. There are substantial prizes for the top three entries, and the best essays will be submitted for consideration to the Journal [...

Jurisdiction over Foreign Defendants and Jurisdiction over Foreign Land: One Question or Two?

Posted on August 12, 2008
The Court of Appeal for Ontario has released its decision in Precious Metal Capital Corp. v. Smith (available here).� In many ways the decision is unexceptional: it agrees with a quite sensible decision by the judge at first instance.� But there may be a more interesting, and contentious, aspect to the decision in the way [...

Volume 4, Issue 2, Journal of Private International Law (August 2008)

Posted on August 12, 2008
The August 2008 issue of the Journal of Private International Law has just been published. The contents are (click on the links to view the abstracts on the Hart Publishing website): A Bucher, ‘The New Swiss Federal Act on International Child Abduction’ J Neels, ‘Falconbridge in Africa’ A Mills, ‘The Dimensions of Public [...

Symeonides: Choice of Law for Products Liability

Posted on August 07, 2008
Symeon C. Symeonides, Dean of the College of Law at Willamette University, has just last week posted Choice of Law for Products Liability: The 1990s and Beyond (forthcoming on the Tulane Law Review, Vol. 78, No. 1247, 2004) on SSRN. Here is the abstract: This Article provides a comprehensive review of product-liability conflicts cases decided [...

ERA Conference on Recent Developments in Private International Law and Business Law

Posted on August 03, 2008
The Academy of European Law (ERA), situated in Trier and with the financial support of the European Commission, organises conferences and summer schools on various topics of EU law. On 5-6 June a conference was held on recent developments in private international law and business law (covering civil jurisdiction, civil procedure, contract, delict, insolvency, and [...

A Divided Opinion on the Hague Abduction Convention, With Some Interesting Discussion on the Proof of Foreign Law

Posted on July 31, 2008
The Second Circuit last week issued a split-panel decision in Duran v. Beaumont, No. 06-cv-5614 (2d Cir. 2008). The case concerned a Chilean mothers? decision to take her child to the USA and remain there, in derogation of a Chilean court order. The child?s parents?both Chilean?are recently separated, with formal custody not yet [...

Save the Date - Journal of Private International Law Conference 2009

Posted on July 29, 2008
Following on from the success of the Journal of Private International Law’s inaugural conference at Aberdeen in 2005, and last year’s conference at Birmingham, the 2009 conference will be held on 16th - 18th April 2009 at New York University School of Law...

The Results of the JHA Council (24-25 July 2008): UK to Opt into Rome I Reg. - Enhanced Cooperation on Rome III Reg.?

Posted on July 27, 2008
On 24 and 25 July the Justice and Home Affairs Council held its 2887th session in Brussels, the first under the French Presidency. The official press release is currently available only in French. Among the ?Justice? issues, discussed on Friday 25th, two main points are of particular importance as regards the development of European private [...

When the Forum Conveniens Can Be ?Convinced? to Refuse the Case

Posted on July 23, 2008
Roger Alford at Opinio juris has an interesting post on a recent American case where an American court declined jurisdiction based on forum non conveniens, but found out during the appeal that the foreign court had itself declined jurisdiction. As a consequence, the alternative available forum had disappeared, and it seemed like the American court [...

New Reference for Preliminary Ruling on Brussels I

Posted on July 19, 2008
A new reference regarding the Brussels I Regulation is pending at the ECJ. The Bundesgerichtshof (Germany) has referred the following questions for a preliminary ruling: Is the second indent of Article 5(1)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [...

Publication: European Enforcement Order for Uncontested Claims

Posted on July 15, 2008
David-Christoph Bittmann: “Vom Exequatur zum qualifizierten Klauselerteilungsverfahren” This new German publication analyses from a comparative perspective as to whether the new procedure introduced by Regulation (EC) No 805/2004 creating a European Enforcement Order for Uncontested Claims actually constitutes an advancement for the creditor without disregarding the debtor’s rights in comparison with the previous exequatur proceedings...

Arbitral Awards Violating European Antitrust Laws: French Courts Cannot Help

Posted on July 14, 2008
Are French courts willing to review arbitral awards on the ground that arbitrators violated European antitrust laws? As a matter of principle, French courts are extremely reluctant to review arbitral awards on the merits. In theory, an exception remains when the award violates French international public policy, but actual instances where French courts have found [...

Judgment in Case ?Inga Rinau? - Urgent Preliminary Ruling Procedure

Posted on July 11, 2008
Today, the ECJ delivered its judgment in case Inga Rinau (C-195/08 PPU) which seems to be the first case under the urgent preliminary ruling procedure. The judgment is not available in English yet, however in French, Italian, German and several other languages...

Article on the interaction of choice of law rules and the Australian Constitution

Posted on July 09, 2008
Christopher Kourakis, the Solicitor-General for the State of South Australia, has an interesting article on the interaction of choice of law rules and the Australian Constitution in cases of conflict between state laws in volume 28 of the Adelaide Law Review...

Kozyris on Rome II: Tort Conflicts on the Right Track! A Postscript to Symeon Symeonides? ?Missed Opportunity?

Posted on July 09, 2008
Prof. John Phaedon Kozyris (Universities of Thessaloniki and Ohio State) has published a very interesting article on Rome II in the latest issue of the American Journal of Comparative Law (Vol. 56(2), 2008): Rome II: Tort Conflicts on the Right Track! A Postscript to Symeon Symeonides’ ?Missed Opportunity? (56 Am...

New References on Brussels I Regulation

Posted on July 06, 2008
Two new references for preliminary rulings on the Brussels I Regulation have been referred to the ECJ: 1. The Hof van Cassatie van Belgi� has referred the following question to the ECJ: Is a creditor who pursues a claim in the name and for the account of his debtor a party within the meaning of Article 43(1) [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (4/2008)

Posted on July 05, 2008
Recently, the July/August 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): Burkhard Hess/David Bittmann: “Die Verordnungen zur Einf�hrung eines Europ�ischen Mahnverfahrens und eines Europ�ischen Verfahrens f�r geringf�gige Forderungen - ein substantieller Integrationsschritt im Europ�ischen Zivilprozessrecht” - the English abstract reads [...

Rome I Regulation Published in the Official Journal

Posted on July 04, 2008
The Rome I Regulation (see the dedicated section of our site, and the programme of the forthcoming conference organized by the Journal of Private International Law) has been published in the Official Journal of the European Union n. L 177 of 4 July 2008...

Which Law Governed at Abu Ghraib?

Posted on July 03, 2008
Four Iraqis who were detained in Abu Ghraib have sued U.S. military contractors before American courts. The cases were filed on June 30, 2008, in federal courts of Maryland, Ohio, Michigan and Washington state, where individual contractors reside. The plaintiffs are represented by law firms in Philadelphia and Detroit and by the Centre for Constitutional [...

Book: Calvo Caravaca / Carrascosa Gonz�lez - Las obligaciones extracontractuales en derecho internacional privado. El Reglamento Roma II

Posted on June 29, 2008
Prof. Alfonso-Luis Calvo Caravaca (University Carlos III of Madrid) and Prof. Javier Carrascosa Gonz�lez (University of Murcia) have recently published their latest work, devoted to tort conflicts: “Las obligaciones extracontractuales en derecho internacional privado...

Publication: Briggs on Agreements on Jurisdiction and Choice of Law

Posted on June 27, 2008
It has been our book of the month for a few weeks now, but as yet we have not formally announced the publication of Professor Adrian Briggs‘ latest work, Agreements on Jurisdiction and Choice of Law (Oxford, OUP, 2008). So, here’s the blurb: In this book, the author analyses the law and practice relating to [...

Exxon, Punitive Damages and the Conflict of Laws

Posted on June 26, 2008
Yesterday, the U.S. Supreme Court delivered its decision in Exxon v. Baker. The central issue of the case was whether an award of punitive damages of US$ 2.5 billion (as reduced by the lower courts from an initial award of US$ 5 billion) was excessive as a matter of maritime common law...

First Issue of 2008?s Revue Critique de Droit International Priv�

Posted on June 24, 2008
The first issue of 2008’s Revue Critique de Droit International Priv� has just been released. It contains three articles, but only one dealing with a conflict issue per se, the public law exception within the Brussels I Regulation after the Lechouritou case (”Les actes jure imperii et le R�glement Bruxelles I - A propos de [...

Conference: The Rome I Regulation - New Choice of Law Rules in Contract

Posted on June 23, 2008
We are pleased to announce the: Journal of Private International Law Conference The Rome I Regulation: New Choice of Law Rules in Contract Friday 19th September 2008 Herbert Smith, Exchange House, London The full programme, also set out below, can be found on our dedicated conference page...

New Reference on Brussels II bis

Posted on June 21, 2008
Another reference for a preliminary ruling on the Brussels II bis Regulation has been referred to the ECJ, this time by the Republic of Lithuania. The Lithuanian court (Lietuvos Auk??iausiasis Teismas) has referred the following questions to the ECJ: Can an interested party within the meaning of Article 21 of Council Regulation (EC) No 2201/2003 apply for [...

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