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Conflict of Laws

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

Hamburg Lectures on Maritime Affairs 2010

Posted on October 02, 2010
The International Max Planck Research School for Maritime Affairs and the International Tribunal of the Law of the Sea (ITLOS) organize this year’s Hamburg Lectures on Maritime Affairs. The lectures will be held in Hamburg from 7 October to 10 November and are open to the public...

Vacancies at the Secretariat of the ICC

Posted on October 01, 2010
The Secretariat of the ICC International Court of Arbitration is currently recruiting two deputy counsels, one to deal principally with parties from Eastern Europe, another to deal principally with Europe, Africa and the Middle East. The closing dates for applications are October 4th for the first position, October 11th for the second...

New references for preliminary rulings before the CJEU

Posted on October 01, 2010
Drawn to my attention by the Conflictus Legum are two recent requests for preliminary rulings on interpretation of the EU instruments in the filed of private international law which are now pending before the Court of Justice of the EU. One reference (C-315/10 Companhia Siderúrgica Nacional, Csn Cayman Ltd v Unifer Steel SL, BNP-Paribas (Suisse), [...

Robertson on Transnational Litigation and Institutional Choice

Posted on September 30, 2010
Cassandra Burke Robertson, who is an associate professor at Case Western University School of Law, has published Transnational Litigation and Institutional Choice in the last issue of the Boston Law Review. The abstract reads: When U.S. corporations cause harm abroad, should foreign plaintiffs be allowed to sue in the United States? Federal courts are in-creasingly [...

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The United States Supreme Court to Take a Fresh Look at Personal Jurisdiction

Posted on September 28, 2010
Today, the United States Supreme Court granted certiorari in two cases that involve the so-called ?stream-of-commerce? theory of personal jurisdiction. Under that theory, a United States court may assert personal jurisdicition over a foreign company defendant when that company’s products find their way into U...

Conference on State Insolvency and Sovereign Debts

Posted on September 26, 2010
Mathias Audit, who is a professor of law at the University of Paris Ouest – Nanterre La Défense, will organise a conference in Paris on November 10th, 2010, on State Insolvency and Sovereign Debts. Here is the programme: Colloque, le 10 novembre 2010 Palais du Luxembourg ? Salle Monnerville Insolvabilité des Etats et dettes souveraines Programme 8h30 [...

Gerrit Betlem

Posted on September 24, 2010
Professor Gerrit Betlem, a close friend and colleague to many of us and a leading scholar in European Private Law, passed away on 26th July 2010. There is an obituary on Southampton’s website. Related posts:Seminar: Jurisdiction in IP Disputes This seminar is part of the British Institute?s seminar series...

Roosevelt on Choice of Law in US Courts

Posted on September 23, 2010
Kermit Roosevelt III, who is a professor of law at the University of Pennsylsvania Law School, had posted Choice of Law in Federal Courts: from Erie and Klaxon to Cafa and Shaddy Grove on SSRN. The article offers a new perspective on choice of law in federal courts...

Conference Announcement: Extraterritoriality in US Law

Posted on September 23, 2010
Beyond Borders: Extraterritoriality in American Law Southwestern Law School, Nov. 12, 2010 On Friday, November 12, 2010, Southwestern Law School in Los Angeles, California is hosting a symposium titled Beyond Borders: Extraterritoriality in American Law...

Keitner on Kiobel and the future of the Alien Tort Statute

Posted on September 21, 2010
The following post, cross-posted on Opinio Juris, continues to analyze the import of the Second Circuit’s recent decision in Kiobel v. Royal Dutch Petroleum, holding that corporations may not be sued under the Alien Tort Statute for violations of customary international law...

A Study on the Private International Law Aspects of International Surrogacy Agreements

Posted on September 21, 2010
A message from Paul Beaumont and Katarina Trimmings: In July 2010, the Nuffield Foundation awarded a grant of Ł112.000 to Professor Paul Beaumont and Katarina Trimmings to conduct a study into private international law aspects of international surrogacy arrangements...

Third Preliminary Draft of the CLIP Principles

Posted on September 20, 2010
The European Max-Planck Group for Conflict of Laws in Intellectual Property has recently published the Third Drat of their Principles for Conflict of Laws in Intellectual Property, which is available for download here. This version contains amended and supplemented rules contained in the First Draft of April 2009 (reported here), and the Second Draft of [...

Surrogate motherhood and Spanish homosexual couple (III)

Posted on September 20, 2010
You might remember my last post on surrogate pregnancy, where I informed about a 2009 decision of the Spanish Dirección General de los Registros y el Notariado ordering registration of a birth certificate issued in the USA. The document concerned the parenthood of two children born in San Diego to a surrogate mother and a [...

Kenneth Anderson on Kiovel v. Royal Dutch Petroleum

Posted on September 18, 2010
Many thanks to professor Kenneth Anderson for authorizing this post, meant as a suite of Trey’s. As both Trey and professor Anderson state, the most important holding of the Court seems to be that the ATS does not embrace corporate liability at all: Plaintiffs assert claims for aiding and abetting violations of the law of nations against defendants?all [...

Is it the End of the Alien Tort Statute?

Posted on September 17, 2010
Today, the United States Court of Appeals for the Second Circuit entered an important decision in Kiobel v. Royal Dutch Petroleum regarding whether corporations may be sued under the Alien Tort Statute. The upshot of the opinion is that corporations cannot be sued under the Alien Tort State for violations of customary international law because [...

Conference on Cross Border Successions

Posted on September 16, 2010
On 15 October 2010, the European Commission will organise in Brussels a joint conference with the Council of the Notariats of the European Union on cross-border successions. The conference will be an opportunity to discuss different aspects of the Commission proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic [...

Conference on Party Autonomy in PIL

Posted on September 16, 2010
The eighth regional scientific conference on private international law is scheduled to take place in Opatija, Croatia, today and tomorrow (16 and 17 October 2010). The conference titled ?The Role of Party Autonomy in Contemporary Private International Law: A Study of International Instruments? is organised by the University of Rijeka Faculty of Law, with the [...

Vacancy at The Hague Conference

Posted on September 14, 2010
Vacancy at the Permanent Bureau of the Hague Conference By reason of a vacancy as a result of the expected retirement of one of the staff members as of 30 June 2011, a post as a staff member at the diplomatic level will be open at the Permanent Bureau of the Hague Conference on Private [...

European Parliament Resolution on Brussels I

Posted on September 14, 2010
On September 7th, the European Parliament adopted a Resolution on the Implementenation and the Review of the Brussels I Regulation. The Resolution addresses many issues. On whether to abolish exequatur, the Parliament: 2. Calls for the requirement for exequatur to be abolished, but considers that this must be balanced by appropriate safeguards designed to protect the rights [...

Again on Article 20 of Regulation (EC) No 2201/2003

Posted on September 13, 2010
Reference for a preliminary ruling from the Bundesgerichtshof, Germany, in case C- 256/09 was lodged on 10 July 2009 (see V. Gaertner). The ECJ answered a year later; the judgment was published yesterday in OJ, C, 246. The Facts The order for reference states that in mid-2005 Ms Purrucker went to Spain to live with [...

Hague Academy, Summer Programme for 2011

Posted on September 12, 2010
Private International Law: 25 July ? 12 August, 2011 Carolyn LAMM, Partner White and Case (Washington D.C.) 25 July (Opening lecture) H. Patrick GLENN, Professor at McGill University 1-12 August General Course (The Conciliation of Laws)* Adrian BRIGGS, Professor at the University of Oxford 25-29 July The Principle of Comity in Private International Law Dominique [...

The Saga on the Property in Croatia Taken to Foreigners in the Communist Era Seems to Have Reached the End

Posted on September 09, 2010
In reference to the post of 2008 reporting on the right of foreigners to claim compensation for or return of the property in Croatia taken during the communist era, the new decision of the Croatian Supreme Court merits attention. The 2008 ruling by the Croatian Administrative Court recognized such right to a Brazilian national, i...

Second Issue of 2010?s Revue Critique de Droit International Privé

Posted on September 08, 2010
The last issue of the Revue critique de droit international privé was released in August. It contains two articles and several casenotes. The first article is authored by Sara Godechot-Patris, who is a professor of law at the University of Tours. The article purports to revisit the concept of equivalence for the purpose of coordination [...

Proving Foreign Law in U.S. Federal Court: Is The Use Of Foreign Legal Experts ?Bad Practice??

Posted on September 08, 2010
A panel of the United States Court of Appeals for the Seventh Circuit last week decided a fairly routine contract case?applying French law (opinion here). In doing so, Judges Easterbrook, Posner and Wood stated their views on the best means to prove foreign law...

Licari on Punitive Damages

Posted on September 07, 2010
François-Xavier Licari, Professor at the University of Metz (Paul-Verlaine) has posted Taking Punitive Damages Seriously: Why a French Court Did Not Recognize An American Decision Awarding Punitive Damages and Why it Should Have on SSRN. Here is the English abstract (the article is written in French): Recently, a French Court of Appeal (Cour d’Appel) refused to recognize a [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (5/2010)

Posted on September 06, 2010
Recently, the September/October issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was published. Here is the contents: Peter Mankowski: “Ausgewählte Einzelfragen zur Rom II-VO: Internationales Umwelthaftungsrecht, internationales Kartellrecht, renvoi, Parteiautonomie” – the English abstract reads as follows: The Rome II Regulation is up for regular review in the near future...

Second Issue of 2010?s Revue de l?Arbitrage

Posted on September 03, 2010
The second issue of 2010′s French Revue de l’arbitrage was released in July. It contains three articles, one of which addresses an issue of private international law. It is authored by Mathias Audit, who is professor of law at the University Paris Ouest (formerly Paris 10) and discusses the influence of the recent INSERM judgment of one of French supreme [...

Knowles on the Alien Tort Statute

Posted on September 02, 2010
Robert Knowles, who is a Visiting Assistant Professor at Chicago-Kent College of Law, has posted A Realist Defense of the Alien Tort Statute on SSRN. Here is the abstract: This Article offers a new justification for modern litigation under the Alien Tort Statute (?ATS?), a provision from the 1789 Judiciary Act that permits victims of human rights [...

Third Issue of 2010?s Journal du Droit International

Posted on August 31, 2010
The third issue of French Journal du droit international (Clunet) for 2010 was just released. It includes four articles and several casenotes. Two of the articles deal with conflict issues. The first one is authored by Nabil Ferjani and Véronique Huet and discusses the impact of embargo United Nation decisions on the performance of international contracts (L’impact [...

Povse v. Alpago. ECJ preliminary ruling on Reg. (EC) No 2201/2003 under the urgent procedure

Posted on August 28, 2010
On 3 May 2010, the Oberster Gerichsthof (Austria) referred to the ECJ for a preliminary ruling five questions concerning Regulation (EC) nş 2210/2003 . At the national court request, the reference was dealt with under the urgent procedure provided for in Article 104b of the Rules of Procedure; the reason for doing so was that [...

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