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Conflict of Laws Conflict of Laws

In association with the Journal of Private International Law

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Yearbook of Private International Law, vol. XI (2009)

Posted on August 26, 2010
The XI volume (2009) of the Yearbook of Private International Law (YPIL), published by Sellier – European Law Publishers in association with the Swiss Institute of Comparative Law (ISDC), is out. The Yearbook, edited by Andrea Bonomi and Paul Volken, contains a huge number of articles, national reports, commentaries on court decisions and other materials, [...


Knox on the Presumption against Extrajurisdictionality

Posted on August 25, 2010
John H. Knox, who is a professor at Wake Forest University Law School, has posted A Presumption against Extrajurisdictionality on SSRN. This article describes the Supreme Court?s jurisprudence on the geographic reach of federal statutes. It argues that the Court?s decisions are a parade of inconsistencies that fail to give clear guidance to lower courts, the [...


Hoffheimer on Conflicting Rules of Interpretation

Posted on August 24, 2010
Michael Hoffheimer, who is a professor at the University of Mississippi Law School, has posted Conflicting Rules of Interpretation and Construction in Multi-Jurisdictional Disputes on SSRN. The abstract reads: This paper discusses history of choice of law rules for interpreting ambiguous language and criticizes current approaches that apply foreign rules of interpretation and construction when doing [...


Knapp on EU Data Protection and US Discovery

Posted on August 21, 2010
Kristen A. Knapp has posted Enforcement of U.S. Electronic Discovery Law Against Foreign Companies: Should U.S. Courts Give Effect to the EU Data Protection Directive? on SSRN.  Although the U.S. Supreme Court first considered the conflict between U.S...


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Panamanian Conflict Rules Trump Forum Non Conveniens

Posted on August 16, 2010
I am grateful to Brian A. Ratner, a partner at Hausfeld LLP, for contributing this report. Panamanian Supreme Court of Justice. August 3, 2010. MSD, Inc. Petitioner of the Cassation Challenge in the Case of Sara Grant Tobal, Josefina Escalante Romero et al...


Tick, Tock: Temporal Application of the Rome II Regulation Referred to the CJEU

Posted on August 13, 2010
Two recent decisions of the English High Court consider the temporal effect of the Rome II Regulation, with the first of these making a reference to the CJEU as to the combined effect of Articles 31-32 of the Regulation (to my knowledge, the first reference with respect to this Regulation)...


Resolution of the DGRN on the registration of foreing insolvency proceedings

Posted on August 13, 2010
On Monday 10, August, the Spanish Boletín Oficial del Estado (BOE)  published the Resolution of June 11, of the Dirección General de los Registros y el Notariado (DGRN), revoking a decision of the Registro de la Propiedad de San Javier No. 1, whereby registration of two English judgments declaring bankruptcy was denied...


Yves Fortier Chair at McGill

Posted on August 11, 2010
Applications are currently invited for the L. Yves Fortier Chair in International Arbitration and International Commercial Law tenable in the Faculty of Law, McGill University The L. Yves Fortier Chair in International Arbitration and International Commercial Law, endowed in 2009, has been created through the generous support of Rio Tinto Alcan Inc...


New Articles in Canadian Publications

Posted on August 10, 2010
Two recent publications contain several topical articles: In the 2010 issue (volume 60) of the University of New Brunswick Law Journal are the following five articles: Catherine Walsh: “The Uses and Abuses of Party Autonomy in International Contracts”; Joshua Karton, “Party Autonomy and Choice of Law: Is International Arbitration Leading the Way or Marching to the [...


Call for Papers ? Journal of Private International Law Conference 2011 in Milan

Posted on August 09, 2010
The Journal of Private International Law will hold its fourth major conference at the University of  Milan on 15 and 16 April 2011.  As was the practice at the prior conferences at the University of Aberdeen in 2005, at the University of Birmingham in 2007, and at New York University in 2009, we are including [...


ABS not responsible for the Prestige disaster

Posted on August 07, 2010
On 13 November 2002 the tanker Prestige sank a few miles from the Galician coast, causing an unprecedented environmental disaster. From the Spanish legal standpoint, liability for damage caused in the oil pollution, including international jurisdiction, is governed by the International Convention on Civil Liability for Oil Pollution Damage (CLC) 1969, subsequently amended...


19 Revista Electrónica de Estudios Internacionales (2010)

Posted on August 04, 2010
The Spanish magazine Revista Electrónica de Estudios Internacionales, num. 19, is already available (for free) here. Contents Articles: I. Blázquez Rodríguez, “La dimensión mediterránea del Espacio de libertad, seguridad y justicia. Del Proceso de Barcelona a la Unión Europea por el Mediterráneo” Abstract: Nowadays Justice and Home Affairs are considered a basic sphere of action in [...


Database of New Zealand PIL

Posted on August 02, 2010
See http://www.conflictsz.auckland.ac.nz for a database of publications in the field of New Zealand private international law. The editor is South-African-born Dr Elsabe Schoeman of the Faculty of Law at the University of Auckland in New Zealand. Related posts:Parallel proceedings in New South Wales and New Zealand arising from relationship breakdown In Du Bray v McIlwraith [...


EPC on The Link between Brussels I and Rome II in Cases Affecting the Media

Posted on July 25, 2010
Angela Mills Wade is the Executive Director of the European Publishers Council. In this article we consider both Brussels I and Rome II as together they set rules to determine which Court should hear a case (Brussels I), and which country?s Law should be applied (Rome II) when there is a cross-border conflict including in [...


Lord Lester?s Defamation Bill on Jurisdiction

Posted on July 21, 2010
As an addendum to the current symposium on Rome II and Defamation, Hugh Tomlinson QC at the International Forum for Responsible Media Blog has written a piece on the current proposals in Lord Lester’s Defamation Bill as to when an English court could assume jurisdiction over claims involving publication outside the jurisdiction...


Perreau-Saussine on Rome II and Defamation

Posted on July 21, 2010
Louis Perreau-Saussine is professor of law at the University of Nancy, France. 1. The ?Rome II? Regulation deals with harmonized conflict-of-law rules relating to non contractual obligations. Unfortunately, it was left incomplete as, inter alia, no consensus was reached on the suitable applicable law to non-contractual obligations arising out of violations of privacy and personality [...


Boskovic on Rome II and Defamation

Posted on July 20, 2010
Olivera Boskovic is a professor of law at the University of Orléans, France. Many recent studies on defamation and violations of rights relating to personality assert that both jurisdiction and choice of law rules in this area are problematic. The following observations will mainly focus on choice of law...


Country of Origin Versus Country of Destination and the Need for Minimum Substantive Harmonisation

Posted on July 20, 2010
Nerea Magallón is former Professor of Law at the University of the Basque Country. Nowadays she teaches Private International Law in Santiago de Compostela. She has taken part in several European research projects financed by the European Commission DGJustice, such as ?Comparative Study on the situation in the 27 Members States as regards the law [...


Heiderhoff: Privacy and Personality Rights in the Rome II Regime ? Yes, Lex Fori, Please!

Posted on July 20, 2010
Bettina Heiderhoff is Professor of Law at the University of Hamburg. I. Overview It would seem that there are already three camps in the symposium. The first two contributions (Wallis? working paper, even if very carefully phrased, and von Hein?s paper) are both in favour of specific regulation to deal with violation of privacy and [...


Hartley on The Problem of ?Libel Tourism?

Posted on July 19, 2010
Trevor Hartley is Emeritus Professor at the London School of Economics. The problem As Diana Wallis points out, libel tourism is now recognized as a serious problem. Finding a solution, however, is not so easy. There are a number of possibilities. Harmonization of substantive law? Although some people have suggested a limited measure of harmonization [...


Von Hein on Rome II and Defamation

Posted on July 19, 2010
Jan von Hein is professor of civil law, private international law and comparative law at the University of Trier, Germany. Diana Wallis deserves praise for her lucid and insightful working document on a possible amendment of the Rome II Regulation with regard to violations of rights relating to the personality...


Rome II and Defamation: Diana Wallis and the Working Paper

Posted on July 19, 2010
Diana Wallis MEP is Vice-President of the European Parliament and ALDE spokesperson on the Legal Affairs Committee. The Rome II Regulation on the law applicable to non-contractual obligations1 was left incomplete; there was a failure to arrive at a consensus over the appropriate conflict rule to deal with what in the proposal was termed obligations [...


Rome II and Defamation: Online Symposium

Posted on July 19, 2010
The focus of this online symposium, following the publication of the comparative study on the state of the laws of the Member States regarding the law applicable to non-contractual obligations arising out of violations to privacy and rights relating to personality, will be on whether the Rome II Regulation should be amended so as to [...


Privacy and Personality Rights in the Rome II Regime ? Not Again?

Posted on July 19, 2010
Andrew Dickinson is a practising solicitor and consultant to Clifford Chance LLP. He is the Visiting Fellow in Private International Law at the British Institute of International and Comparative Law and a Visiting Professor at the University of Sydney...


Vacant Chair in Private International Law or Transnational Law in Geneva

Posted on July 16, 2010
A message from The Graduate Institute of International and Development Studies, Geneva, Switzerland: Applications are invited for a full-time position of Professor | Associate Professor in Private International Law and/or Transnational Law starting on the 1st September 2011 or on a mutually agreed-upon date...


Rome III Reg.: Council Adopts Decision Authorising Enhanced Cooperation on the Law Applicable to Divorce

Posted on July 16, 2010
On Monday, 12 July 2010, the Council adopted a decision authorising 14 Member States (Spain, Italy, Hungary, Luxembourg, Austria, Romania, Slovenia, Bulgaria, France, Germany, Belgium, Latvia, Malta and Portugal) to participate in the first enhanced cooperation in the history of the European Union, on the law applicable to divorce and legal separation (see the provisional [...


Rome II and Defamation: Online Symposium Beginning Monday 19th July

Posted on July 16, 2010
On Monday 19th July, Conflict of Laws .net will launch an online symposium on Rome II and Defamation. The focus of the debate, following the publication of the comparative study on the state of the laws of the Member States regarding the law applicable to non-contractual obligations arising out of violations to privacy and rights [...


European Parliament Committee on Arbitration and Brussels I

Posted on July 15, 2010
On June 28th, the Committee on Legal Affairs of the European Parliament issued a report on the Implementation and Review of Regulation 44/2001. On the exclusion of arbitration from the scope of the Regulation, the Committee expressed the following view: Whereas the various national procedural devices developed to protect arbitral jurisdiction (anti-suit injunctions so long [...


Transnational Securities Class Actions ? A Private International Law Perspective

Posted on July 15, 2010
The focus of the debate on this website and elsewhere following the US Supreme Court’s Morrison judgment has been upon the extra-territorial reach of US securities law before a US court, involving a process of statutory interpretation to identify the existence of a “mandatory rule” without regard to potentially applicable foreign laws...


New Dissertation: European Private International Law on Legal Parentage?

Posted on July 14, 2010
A new dissertation on legal parentage has recently been published: Kees Saarloos (Maastricht University), European private international law on legal parentage? – Thoughts on a European instrument implementing the principle of mutual recognition in legal parentage...


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