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Conflict of Laws

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

Rome III: EP LIBE Committee?s Draft Report on the Commission?s Proposal

Posted on February 04, 2008
On 9 January 2008 Evelyne Gebhardt, Rapporteur in the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE), has released her Draft report on the Commission’s Proposal for a Council regulation amending regulation (EC) No 2201/2003 as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters (COM(2006)399 of 17 July...

Austrian Reference for a Preliminary Ruling on the Brussels I Regulation

Posted on February 03, 2008
The Austrian Supreme Court of Justice (Oberster Gerichtshof) has referred the following questions to the ECJ for a preliminary ruling: 1. Is a contract under which the owner of an incorporeal right grants the other contracting party the right to use that right (a licence agreement) a contract regarding ‘the provision of services’ within the meaning [...

PIL at law teachers? conference in Pretoria

Posted on January 31, 2008
PIL abstracts of law teachers? conferenceA special session on Private International Law was held at the conference of the Society for Law Teachers of Southern Africa, held in Pretoria from 21 to 24 January 2008. The following papers were delivered: ? Classification and liberative prescription in private international law by Jan Neels ? The role of Private [...

Urgent Procedure Adopted for Preliminary Rulings in the Area of Freedom, Security & Justice

Posted on January 31, 2008
The excellent EU Law Blog has noted the adoption of an urgent procedure for preliminary rulings in the area of freedom, security and justice. Their post, in part, states, Some time ago we posted a note about future amendments to the Rules of Procedure of the Court of Justice to provide for an urgent procedure for [...

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Max-Planck Event: Brussels Jurisdiction and Common-Law Jurisdiction

Posted on January 27, 2008
Max Planck Institute for Comparative and International Private Law organizes on 4 February 2008 (17:00) a guest lecture to be given by Professor Adrian Briggs (University of Oxford, UK). Professor Briggs’ lecture is titled ?Brussels Jurisdiction and Common Law Jurisdiction: understanding and misunderstanding what courts may be asked to do?...

Essay Competition in Private International Law

Posted on January 23, 2008
We are pleased to announce The CONFLICT OF LAWS .NET Essay Competition in Private International Law Sponsored by Clifford Chance LLP and Hart Publishing The Competition is open to any student of a higher education institution anywhere in the world, writing in English on any aspect of private international law...

New Law on International Adoption in Spain

Posted on January 17, 2008
The Spanish Parliament has adopted a new statute on international adoption on 28 December 2007. Professor Alegr�a Borr�s reports on the site of the French Society of Comparative Legislation (in French). The Spanish text can be found here. [Click on the title above to view the full item on CONFLICT OF LAWS ...

Conference: The new European Choice-of-Law Revolution - Lessons for the United States?

Posted on January 17, 2008
On Saturday 9th February 2008, Duke University School of Law will host an international conference entitled, "The New European Choice-of-Law Revolution: Lessons for the United States." Here’s the blurb: In a globalizing world of interdependent legal systems, determining which laws apply to international private transactions is crucial...

Article Challenges Canadian Approach to Jurisdiction

Posted on January 16, 2008
Professor Tanya Monestier of Queen’s University has published an article challenging the approach in some of the leading cases, including Muscutt v. Courcelles, to the taking of jurisdiction over defendants outside the forum: see Tanya J. Monestier, “A ‘Real and Substantial’ Mess: The Law of Jurisdiction in Canada” (2007) 33 Queen’s L...

New French Books on the Conflict of Laws

Posted on January 13, 2008
For long, scholars interested in the French conflict of laws had to refer to a few traditional books, in particular the treaty of Batiffol and Lagarde (8th edition 1993), but also the manuals of Loussouarn and Bourel (8th edition 2004, with professor Pascal de Vareilles-Sommi�res), of Pierre Mayer (9th edition 2007, with professor Vincent Heuz�), [...

Guest Editorial: Dickinson on Trust and Confidence in the European Community Supreme Court?

Posted on January 10, 2008
Throughout 2008, CONFLICT OF LAWS .NET will play host to twelve guest editors: distinguished scholars and practitioners in private international law, who have been invited to write a short article on a subject of their choosing. It is hoped that these guest editorials will provide a forum for discussion and debate on some of the [...

Choice of Law in the American Courts in 2007: Twenty-First Annual Survey

Posted on January 05, 2008
With the start of a new year, and the concomitant end of an old one, comes the twenty-first instalment of Symeon Symeonides‘ annual survey of US decisions relating to choice-of-law issues. It is, as always, both a rigorous piece of research and an excellent resource...

West Tankers, and Worldwide Freezing Orders

Posted on January 03, 2008
There are two casenotes in the new issue of the Cambridge Law Journal worthy of mention. Firstly, Richard Fentiman (Cambridge) has written on “Arbitration and the Brussels Regulation” - discussing the recent House of Lords decision (and reference to the ECJ) in West Tankers Inc v...

The Long-Arm of the USPTO: A Significant Decision (and a Significant Dissent) from the Fourth Circuit

Posted on January 02, 2008
When panel issues a 16-page decision, and Judge James Harvie Wilkinson III writes a 20-page dissent, people seem to take notice. In Rosenruist-Gestao E servicos LDA v. Virgin Enterprises Ltd., No. 06-1588 (4th Cir., December 27, 2007), Judge Wilkinson sharply derided his colleagues in holding that: “a foreign company that has no United States [...

Happy Christmas / Holidays

Posted on December 22, 2007
On the assumption that no more items will be posted to Conflict of Laws .net before 25th December, and possibly 1st January (although we did, in fact, churn out quite a few posts in the festive period last year), I would like to wish everyone a Happy Christmas / Holiday, and a very Happy New [...

Some Political Drama in the Conflict of Laws in Canada

Posted on December 21, 2007
The most recent chapter in the long-running and highly public dispute between businessman Karlheinz Schreiber and former Prime Minister of Canada Brian Mulroney involves significant conflict of laws issues.� On December 20, 2007, Justice Cullity of the Ontario Superior Court of Justice released his decision holding that Schreiber?s claim was dismissed for lack of jurisdiction...

What Do We Really Know About the American Choice of Law Revolution?

Posted on December 21, 2007
There is a substantial book review in the new issue of the Standard Law Review (Oct 2007, Vol. 60, Issue 1): What Do We Really Know About the American Choice-of-Law Revolution? by Hillel Y. Levin (Stanford). It provides a detailed critique of Symeon Symeonides’ most recent book, The American Choice-of-Law Revolution: Past, Present and [...

Fourth issue of 2007?s Journal du Droit International

Posted on December 20, 2007
The fourth issue of the French Journal du Droit International (Clunet) has been released. It contains three articles dealing with private international law issues (the table of contents in French can be found here). First, the Journal offers the end of the article of Ms Legros (the first part of which was published in the third [...

Au Revoir to Renvoi?

Posted on December 18, 2007
C.J.S. Knight has written a casenote in the Conveyancer and Property Lawyer on the High Court decision in Iran v Berend (Conv. (2007) November/December Pages 564-571). Here’s the abstract: Discusses the Queens Bench Division decision in Iran v Berend on whether renvoi has a place in choice of law cases concerning title to moveable property, in [...

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