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Conflict of Laws

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

Rome I - Should the UK Opt In?

Posted on April 03, 2008
The Ministry of Justice has launched a public consultation on whether the UK should opt (back) in to the Rome I Regulation (see all Rome I entries on this site here.) The press release states: The Rome I proposal will provide clarity over which law applies if a dispute arises over a contract made between people [...

Flashairlines and Declaratory Relief Under French Law

Posted on April 01, 2008
Emmanuel Jeuland is a professor of law at Paris I University (Panthéon-Sorbonne) and a specialist of civil procedure. In this post, I would like to offer some brief thoughts on the Paris Court of appeal?s judgment of the 6th of March 2008. It is my opinion that the legal foundation of the judgement as far [...

Flashairlines - Online Symposium

Posted on April 01, 2008
In a recent post, I reported how the Paris Court of appeal accepted to decline jurisdiction in order to meet the jurisdictional criteria of a U.S. court and enable plaintiffs, most of whom were French, to get back to California and resume proceedings there...

Guest Editorial: Muir-Watt on Reshaping Private International Law in a Changing World

Posted on April 01, 2008
April’s Guest Editorial is by Professor Horatia Muir-Watt: Reshaping Private International Law in a Changing World. Horatia Muir Watt is Professor of Private International and Comparative Law at the University of Paris I (Panthéon-Sorbonne). She prepared her doctorate in private international law (University of Paris 2, 1985) and was admitted to the agrégation in 1986...

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The American Revolution and the European Evolution in Choice of Law: Reciprocal Lessons

Posted on March 30, 2008
Symeon Symeonides (Williamette) has posted “The American Revolution and the European Evolution in Choice of Law: Reciprocal Lessons” on SSRN (forthcoming in Tulane Law Review, Vol. 82, No. 5, 2008.) Here’s the abstract: This Article is an invited contribution to a symposium held at Duke University Law School under the title “The New European Choice-of-Law Revolution: [...

New Book: Japanese and European Private International Law in Comparative Perspective

Posted on March 28, 2008
A very interesting volume, collecting the contributions presented by prominent European and Japanese scholars at a conference organised in 2007 by the Max Planck Institute for Private Law in Hamburg, has been recently published by Mohr Siebeck: Japanese and European Private International Law in Comparative Perspective...

French Court Declines Jurisdiction to Transfer Dispute Back to U.S. Court

Posted on March 27, 2008
On March 6th 2008, the Paris Court of Appeal agreed to decline jurisdiction in order to enable the plaintiffs to go back to California and resume the proceedings that they had initiated there. The U.S. Court had (almost) declined jurisdiction on the ground of forum non conveniens, but had fortunately made its decision conditional upon [...

French Judgment on Article 5(1) of the Brussels I Regulation, Part IV

Posted on March 23, 2008
On March 5, 2008, the French supreme court for private matters (Cour de cassation) confirmed its previous case law characterizing exclusive distribution agreements as contracts which are neither sales nor provisions of services for the purposes of article 5(1) of the Brussels I Regulation...

Conferences: organized by ERA spring/summer 2008

Posted on March 18, 2008
The Academy of European Law (ERA) organizes a number of private international law related conferences, seminars and courses during the spring and summer of 2008: 3rd European Forum for In-house Counsel, Brussels, 24-25 Apr 2008 Description from the ERA website: For the third consecutive year, ERA and ECLA are organising the European Forum for In-House Counsel, combining the pragmatism of [...

Max-Planck Events Spring 2008

Posted on March 14, 2008
During the spring of 2008, the Max Planck Institute for Comparative and International Private Law will organize several events: On 29 March 2008 the Max Planck Institute and the Claussen Simon Foundation will hold a colloquium on the Education of Jurists and Judges...

First issue of 2008?s Journal du Droit International

Posted on March 13, 2008
The first issue of French Journal du Droit International (also known as Clunet) will be released shortly. It contains four articles dealing with conflict issues. The first is authored by Pascal de Vareilles-Sommieres, who teaches at Paris I University, and Anwar Fekini, who is a practising lawyer in Paris and Tripoli...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts?

Posted on March 11, 2008
Recently, the March issue of “Praxis des Internationalen Privat- und Verfahrensrechts” (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): R. Wagner/B. Timm on the German ministerial draft bill on the law applicable to companies, juristic persons and associations (”Der Referentenentwurf eines Gesetzes zum Internationalen Privatrecht der Gesellschaften, Vereine [...

New Publication: Principles, Definitions and Model Rules of European Private Law

Posted on March 10, 2008
Recently, Principles, Definitions and Model Rules of European Private Law, prepared by the Study Group on a European Civil Code and the Research Group on EC Private Law (Acquis Group), has been published. The abstract reads as follows: In this volume the Study Group and the Acquis Group present the first academic Draft of a [...

European Commission adopts Green Paper on Effective Enforcement of Judgments in the EU

Posted on March 10, 2008
On 6 March, the European Commission adopted the Green Paper “Effective Enforcement of judgments in the European Union: The Transparency of Debtor assets”. As stated in the press release, Vice-President Franco Frattini, Commissioner responsible for Justice, Freedom and Security declared: ?The objective of this Green paper is to find possible measures at a European level to improve the [...

Fourth Issue of 2007?s Revue Critique de Droit International Privé

Posted on March 08, 2008
The last issue of Revue Critique de Droit International Privé for 2007 was just released. It contains two articles dealing with conflict issues. The first is authored by Fabien Marchadier who lectures at the Law Faculty of Limoges University. It discusses the Contribution of the European Court of Human Rights to the Efficacy of the Hague [...

Nova Scotia Court of Appeal on Substance-Procedure Distinction

Posted on March 02, 2008
In Vogler v. Szendroi (available here) the plaintiff, resident in Nova Scotia, was injured in a car accident in Wyoming. Three years later he issued legal process in Nova Scotia. This was inside the four-year Wyoming limitation period, which applied as part of the substantive law applicable to the claim (under the place of the [...

International Reach of French Attachments

Posted on March 02, 2008
Can attachments reach foreign bank accounts? For the French, the answer had always been clearly negative, until the French supreme court for private matters (Cour de cassation) held in a judgment of 14 February 2008 that a French attachment could reach a bank account in Monte Carlo...

Interesting Conflicts Decision from the Sixth Circuit: COGSA or Hague-Visby?

Posted on February 29, 2008
The Sixth Circuit Court of Appeals recently issued an interesting conflicts decision on the competing applicability of COGSA rules or Hague-Visby Rules. According to Judge Karen Nelson Moore, writing for the panel: This case requires us to consider whether COGSA or the Hague-Visby Rules or both apply as a matter of law to the ocean [...

New Reference for a Preliminary Ruling on Brussels II bis

Posted on February 27, 2008
Following the cases of Applicant C and Sundelind Lopez, a third reference for a preliminary ruling on Brussels II bis has been referred to the ECJ ? again (as Applicant C) by the Finnish Korkein Hallinto-oikeus (Case C-523/07, Applicant A). The present case concerns children who have their habitual residence in Sweden, live transitionally in Finland [...

Guest Editorial: Harris on ?Reflections on the Proposed EU Regulation on Succession and Wills?

Posted on February 27, 2008
The second instalment of our 2008 series of Guest Editorials is by Professor Jonathan Harris: Reflections on the Proposed EU Regulation on Succession and Wills. Prof. Jonathan Harris is Professor of International Commercial Law and Deputy Head of the Law School at the University of Birmingham, UK...

New Articles for Early 2008

Posted on February 26, 2008
It has been a little while since my last trawl through the law journals, and a few articles and casenotes have been published in the intervening period that private international law enthusiasts may wish to add to their reading list: J.M. Carruthers, “De Facto Cohabitation: the International Private Law Dimension” (2008) 12 Edinburgh Law Review 51 [...

Northern Cyprus and the acquis communautaire

Posted on February 23, 2008
The Court of Appeal (Civil Division) has referred an interesting reference for a preliminary ruling to the ECJ on the application of the Brussels I Regulation with regard to judgments relating to land in the Turkish Republic of Northern Cyprus (Meletis Apostolides v David Charles Orams, Linda Elizabeth Orams, C-420/07): 1...

Comity at the Court: Three Recent Orders Seeking the View of the Solicitor General

Posted on February 21, 2008
If the Justices are considering whether to grant a petition for certiorari, and they think the case raises issues on which the views of the federal government might be relevant?but the government is not a party?they will order a CVSG brief. ?CVSG? means ?Call for the Views of the Solicitor General...

Swiss Institute of Comparative Law: Conference on Rome I Regulation

Posted on February 19, 2008
On Friday, 14th March, the 20th 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 new Rome I Regulation, whose final adoption is expected in one of the first Council’s sessions in early [...

Article on the Economic Analysis of Choice of Law Clauses

Posted on February 18, 2008
Stefan Voigt (Marburg) has written an interesting article titled “Are International Merchants Stupid? Their Choice of Law Sheds Doubt on the Legal Origin Theory” which has been published originally in the Journal of Empirical Legal Studies, March 2008, Vol...

French Muslims Getting Divorced Back Home

Posted on February 12, 2008
In 2007, the French supreme court for private matters (Cour de cassation) ruled five times on the recognition in France of Islamic divorces obtained in Algeria (judgments of 10 July 2007, 19 September 2007, 17 October 2007, 31 October 2007) or in Morocco (judgment of 22 May 2007)...

Replies to Green Papers regarding Matrimonial Property and the Attachment of Bank Accounts

Posted on February 12, 2008
As stated on the website of the European Judicial Network, the replies received with regard to the Green Paper on conflict of laws in matters concerning matrimonial property regimes, including the question of jurisdiction and mutual recognition (COM(2006) 400 final) are now available at the EJN’s website...

Party Autonomy and Beyond: An International Perspective of Contractual Choice of Law

Posted on February 10, 2008
Mo Zhang (Temple University) has posted “Party Autonomy and Beyond: An International Perspective of Contractual Choice of Law” on SSRN; it originally appeared in the Emory International Law Review, Vol. 20, No. 511, 2006. The abstract reads: As a popular choice of law doctrine, party autonomy allows the parties in international contracts (or foreign contracts) to [...

Publication: Forum Shopping in the European Judicial Area

Posted on February 08, 2008
A new addition to the Hart Publishing private international law catalogue for 2008 is Forum Shopping in the European Judicial Area, a collection of essays by English and French scholars, edited by Pascal de Vareilles-Sommières (Université Paris 1 Panthéon Sorbonne)...

University of Milan: Prof. Pocar?s Lecture on the Conversion of the Rome Convention into an EC Regulation

Posted on February 07, 2008
On Tuesday 12 February 2008, at 16.30, the Faculty of Political and Social Sciences of the University of Milan will host a lecture (in Italian) by Prof. Fausto Pocar (University of Milan, President of the ICTY) on “The Conversion of the Rome Convention on the Law Applicable to Contractual Obligations into a Community Regulation” (La [...

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