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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

Ph.D. Grants of the International Max Planck Research School for Maritime Affairs

Posted on June 19, 2008
The International Max Planck Research School for Maritime Affairs at the University of Hamburg will award for the period commencing 1 October 2008 six Ph.D. grants for a term of two years. The particular area of emphasis to be supported by this round of grants is the Implications of Climatic Changes in the Arctic...

The Standard of Proof of Facts going to Jurisdiction

Posted on June 17, 2008
The recent case of Purple Echo Productions, Inc. v. KCTS Television, 2008 BCCA 85 (available here) addresses, at some length, the standard of proof required of jurisdictional facts. I have recently co-written an article on a related topic - the standard of proof for jurisdiction clauses - in the Canadian Business Law Journal...

New References for Preliminary Rulings

Posted on June 17, 2008
New references for preliminary rulings on the interpretation of the Brussels I Regulation, the Brussels II bis Regulation and the Insolvency Regulation have been referred to the ECJ: 1. Reference on Brussels I Regulation The Swedish Högsta Domstolen has referred the following question to the ECJ: Is the exception in the Brussels I Regulation regarding insolvency, compositions and [...

Book: Conflits de Lois et Régulation Economique

Posted on June 15, 2008
This interesting book on Conflict of Laws and Economic Regulation gathers the contributions of the speakers to a conference held in Paris a year ago. It is edited by three French scholars, Mathias Audit, Horatia Muir Watt (who was our Guest Editor last month) and Etienne Pataut, who all teach in Paris...

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Article on the Eurofood Case

Posted on June 13, 2008
Matteo M. Winkler, an Italian scholar and practising lawyer in Milan, has recently published an article on the Eurofood case in the Berkeley Journal of International Law: From Whipped Cream to Multibillion Euro Financial Collapse: The European Regulation on Transnational Insolvency in Action...

A Round-Up of Articles Recently Published

Posted on June 10, 2008
Conflicts scholars have been busy since my last round-up of published articles in February, so the time seems ripe for another list of potential material to add to your reading pile. The usual caveats apply: the list is limited to articles published in English, and even then is almost certainly not comprehensive...

Rome I Reg. Adopted (and Other Results of the JHA Council Session of 5-6 June 2008)

Posted on June 09, 2008
Following our post on the agenda of the JHA session held in Luxembourg on 5-6 June 2008, a factsheet has been released by the Slovenian Presidency with the main results of the Council in the field of judicial cooperation in civil matters. The first and most important achievement is the adoption of the Rome I Regulation [...

Dutch Reference for a Preliminary Ruling on Art. 4 of the Rome Convention (Update)

Posted on June 06, 2008
Following our post on the first reference for a preliminary ruling on the Rome Convention on the law applicable to contractual obligations, the questions referred by the Dutch Supreme Court (Hoge Raad) have been published on the ECJ’s website. The case, lodged on 2 April 2008, is pending under C-133/08, ICF (Intercontainer Interfrigo (ICF) SC v [...

Suit Challenges Decision of New York to Recognize Same-Sex Unions

Posted on June 04, 2008
A law suit was filed in New York on June 3rd to challenge the decision of New York Governor to recognize same-sex unions. It is argued that the Legislature was the sole branch of government which could have made such decision, and that the Governor, who is the executive power of the state of New York, [...

JHA Council Session (5-6 June 2008): Adoption of the Rome I Reg. - Political Guidelines on Rome III and Maintenance Reg. - External Dimension of JHA

Posted on June 04, 2008
On 5 and 6 June the Justice and Home Affairs Council will hold its 2873rd session in Luxembourg, the last under the Slovenian Presidency. Among the ?Justice? issues, scheduled for Friday 6th, the Council is expected to adopt the Rome I Regulation on the law applicable to contractual obligations (see the list of public deliberations; [...

Directive on Mediation in Civil and Commercial Matters

Posted on June 03, 2008
On 21 May, the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters has been adopted. As stated in its Article 1, the aim of the directive is to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced [...

Canadian Conflicts Publications

Posted on June 03, 2008
During a recent round-up of Canadian publications dealing with the conflict of laws, I have found the following articles which some might find of interest: - Robert Flannigan, “The Use of Foreign Forms to Circumvent Local Liability Rules” (2007) 44 Alta...

French Marriage Annulled for Lack of Virginity

Posted on June 02, 2008
On April 1st 2008, a first instance court of Lille (Northern France) set aside a marriage because the wife had concealed to her husband that she was not a virgin. The husband found out on July 8th, 2006, that is the night of the wedding. Contrary to what she had told him, the wife was not [...

Trinity College Dublin to Host Conference on Rome II Regulation

Posted on June 02, 2008
On June 21, 2008, Trinity College Dublin is hosting a conference on the Rome II regulation on the law applicable to non-contractual obligations. Full details are available here. The conference will examine the regulation and its implications for the practice of tort law...

New York Agencies to Recognize Same Sex Unions

Posted on May 29, 2008
The New York Times reports that the Governor of the State of New York has directed all New York state agencies to revise all statutes and regulations of the State so that same sex unions or marriages can be recognized in New York “as any other legally performed union”...

BIICL event: Group Actions, including Class Actions: Cross-border Aspects

Posted on May 29, 2008
As part of the BIICL?s 2007-2008 Seminar Series on Private International Law the BIICL organizes on Monday 23 June 2008 17:30 to 19:30 (British Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London, WC1B 5JP) a seminar titled ?Group Actions, including Class Actions: Cross-border Aspects?...

BIICL event: Rome I Regulation: The UK Set to Opt-in

Posted on May 29, 2008
As part of the BIICL?s 2007-2008 Seminar Series on Private International Law the BIICL organizes on Wednesday 18 June 2008 17:30 to 19:30 (British Institute of International and Comparative Law, Council Chamber, Charles Clore House, 17 Russell Square, London, WC1B 5JP) a seminar titled ?Rome I Regulation: The UK Set to Opt-in?...

BIICL event: Matrimonial Property Regimes in the Conflict of Laws: A European Regime?

Posted on May 29, 2008
As part of the BIICL?s 2007-2008 Seminar Series on Private International Law the BIICL organizes on Monday 16 June 2008 17:30 to 19:30 (at British Institute of International and Comparative Law, Council Chamber, Charles Clore House, 17 Russell Square, London, WC1B 5JP) a seminar titled ?Matrimonial Property Regimes in the Conflict of Laws: A European [...

High Court of Australia grants special leave in Puttick v Fletcher Challenge Forests

Posted on May 28, 2008
The High Court of Australia has just granted special leave to appeal in Puttick v Fletcher Challenge Forests Pty Ltd, an interesting case about jurisdiction and choice of law arising out of a negligent omission. The decision of the Victorian Court of Appeal can be seen here...

First Reference for a Preliminary Ruling on the Rome Convention

Posted on May 28, 2008
On 28 March 2008, in case Intercontainer Interfrigo (ICF) S.C./M.I.C. Operations B.V. and another (Nr. C06/318HR - LJN BC2726), the Dutch Supreme Court (Hoge Raad) made a preliminary reference to the ECJ, with regard to the interpretation of Art. 4 of the 1980 Rome Convention on the law applicable to contractual obligations...

2007?s Yearbook of Private International Law

Posted on May 27, 2008
The Yearbook of Private International Law for 2007 will soon be out. Its main focus is on the Rome II Regulation, with the following articles: Gerhard Hohloch: Place of Injury, Habitual Residence, Closer Connections and Substantive Scope ? the Basic Principles Th...

Second Issue of 2008?s Journal du Droit International

Posted on May 25, 2008
The second issue of French Journal du Droit International (also known as Clunet) will be released shortly. It does not contain articles which directly deal with conflict issues. Yet, three of them might be of interest for readers of this blog. This first is authored by Tunisian professor Lofti Chedly and discusses 14 years of application [...

Symeonides: Result-Selectivism in Private International Law

Posted on May 23, 2008
Symeon C. Symeonides (Dean, College of Law - Willamette University) has posted Result-Selectivism in Private International Law (forthcoming on the Roman. Priv. Int’l L.& Comp.Priv. L. Rev., 2008) on SSRN. Here is the abstract: One of the basic dilemmas of conflicts law, or private international law (PIL), is whether, in choosing the law applicable to cases [...

ECJ: Judgment in Case ?Laboratoires Glaxosmithkline?

Posted on May 22, 2008
Today, the ECJ delivered the judgment in case C-462/06 (Laboratoires Glaxosmithkline) dealing with the interpretation of Art. 6 point 1 and Section 5 of Chapter II of the Brussels I Regulation. The French Cour de Cassation had referred the following question to the ECJ for a preliminary ruling: Does the rule of special jurisdiction stated in [...

German Annotation on first ECJ Judgment on Brussels II bis

Posted on May 21, 2008
In November 2007, the ECJ delivered its first judgment on the Brussels II bis Regulation (C-435/06, Applicant C). Anatol Dutta (Hamburg) has now commented on this judgment in the German legal journal “Zeitschrift für das gesamte Familienrecht” (FamRZ): “Staatliches Wächteramt und europäisches Kindschaftsverfahrensrecht...

Personal Property Securities in Australia

Posted on May 20, 2008
The Commonwealth Attorney-General has recently released a Consultation Draft of the Personal Property Securities Bill 2008 and an accompanying commentary. The Bill aims to provide a national system to regulate security interests in all property other than land, and would replace over 70 Commonwealth, State and Territory enactments...

A short but interesting Australian case

Posted on May 19, 2008
Armacel Pty Ltd v Smurfit Stone Container Corporation [2008] FCA 592 is a recent case in which the judgment of Jacobson J in the Australian Federal Court, though short, raises a number of interesting issues. The case arose out of a dispute between Armacel Pty Ltd, an Australian company, and Smurfit Stone Container Corporation, a US [...

Conference: International Society of Family Law

Posted on May 18, 2008
From 16th to 20th September 2008, the 13th World Conference of the International Society of Family Law will take place in Vienna. The topic of the conference is “Family Finances”. A preliminary programme as well as further information on the venue, registration etc...

Annotation on ECJ Judgment in ?FBTO Schadeverzekeringen?

Posted on May 15, 2008
Thomas Thiede and Katarzyna Ludwichowska (both Vienna) have written a comment (in German) on the ECJ’s judgment in case C-463/06 (FBTO Schadeverzekeringen) in the latest issue of the legal journal Versicherungsrecht (VersR 2008, 631 et seq.). An English abstract has been kindly provided by the authors: The authors criticise the judgment of the European Court of [...

Swiss Institute of Comparative Law: Prof. Sturm?s Lecture on ?Le nom en droit international privé?

Posted on May 14, 2008
On Thursday 15 May 2008, at 17.00, the Swiss Institute of Comparative Law (ISDC, Lausanne) will host a lecture (in French) by Prof. Fritz Sturm (University of Lausanne) on “Le nom en droit international privé” (”Name in Private International Law”)...

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