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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

Canadian Articles on Multijurisdictional Class Actions

Posted on June 09, 2010
Three recent articles have been published about multijurisdictional class actions in Canada. One of the most critical issues is whether the courts of a province will enforce a class action judgment from another province or another country approving a settlement that purports to bind plaintiffs resident in the province...

Res Judicata for Foreign Freezing Orders?

Posted on June 08, 2010
Can foreign freezing orders prevent the forum from granting leave to attach provisionally local assets? The Rouen Court of appeal ruled so in a judgment of 24 March 2009. The case was about the sale of a ship from a company incorporated in Panama to a companny incorporated in the Marshall Islands...

Symeonides on American Federalism and Conflicts

Posted on June 07, 2010
Dean Symeon Symeonides has posted American Federalism and Private International Law on SSRN. The abstract reads: This Article is written for readers outside the United States, especially those in the European Union, who are interested in knowing how American federalism has affected the development of American conflicts law...

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

Posted on June 02, 2010
The last issue of the Revue critique de droit international privé was just released. It contains three articles and several casenotes. The first article is a survey of judicial cooperation within the European Union in civil matters (La coopération judiciaire en matière civile dans l’Union européenne: bilan et perspectives)...

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Limitation Period for Enforcing Foreign Arbitration Award

Posted on June 01, 2010
In Yugraneft Corp. v. Rexx Management Corp., 2010 SCC 19 (available here) the Supreme Court of Canada has upheld the decision of two lower courts that the plaintiff’s claim to enforce a Russian arbitration award was brought after the expiry of the applicable provincial limitation period...

The Supreme Court and Foreign Sovereign Immunity

Posted on June 01, 2010
Today, the United States Supreme Court released its decision in Samantar v. Yousef, a case involving whether a top official of Somalia was entitled to assert sovereign immunity for torture and abuse conducted by the government of Somalia on its citizens in the 1980s...

Reminder Conference ?Civil Litigation in a Globalizing World?

Posted on May 31, 2010
On 17 and 18 June 2010, the Schools of Law of Erasmus University Rotterdam and the University of Maastricht (the Netherlands) will jointly organize a conference devoted to the subject ?Civil Litigation in a Globalizing World; a Multidisciplinary Perspective?...

COM(2009)154 final in Spanish

Posted on May 27, 2010
Just a brief post to report a “minor” error in the Spanish version of the Proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession: see art...

ASADIP (American Association of Private International Law) and CEDEP co-organize the 2nd conference on Arbitration in Latin America

Posted on May 27, 2010
CLA – CONFERENCIA LATINOAMERICANA DE ARBITRAJE – 10 ? 11 de junio de 2010 ? Asunción, Paraguay On the 10th and 11th of June, the II Latin American Conference on Arbitration will be held in the city of Asunción, organized by the CEDEP with the support of the American Association of Private International Law...

Michaels on the U.S. Conflict ofLaws

Posted on May 25, 2010
Ralf Michaels, who is a professor of law at Duke University School of law, has posted After the Revolution ? Decline and Return of U.S. Conflicts of Laws on SSRN. Scholars in the US have become uninterested in conflict of laws, at least in the core issues that spurred the conflict of laws revolution, especially questions [...

Calamita on International Parallel Proceedings

Posted on May 24, 2010
N. Jansen Calamita, who teaches at the University of Birmingham School of Law, has posted Rethinking Comity: Towards a Coherent Treatment of International Parallel Proceedings on SSRN. Here is the abstract: The treatment of international parallel proceedings remains one of the most unsettled areas of the law of federal jurisdiction in the United States...

Conference on Transnational Securities Class Actions

Posted on May 24, 2010
The British Institute of International and Comparative Law will host a conference on Transnational Securities Class Actions on July 6th, 2010. The speaker will be Linda Silberman, the Martin Lipton Professor of Law at New York University School of Law, and a Scholar-in-Residence at Wilmer Cutler Pickering Hale and Dorr LLP...

A.G. Opinion on Pammer and Hotel Alpenhof

Posted on May 22, 2010
The Opinion of Advocate General Ms Verica Trstenjak in Case C-585 / 08 (Pammer) and Case C-144 / 09 (Hotel Alpenhof) was presented on May 18, 2010. Both cases involve the interpretation of Regulation (EC) No 44/2001. The national court asks if, in order to imply that a business or professional activity is addressed to the [...

Ph.D. Grant ? International Max Planck Research School for Maritime Affairs

Posted on May 21, 2010
Also this year, the International Research School for Maritime Affairs at the University of Hamburg will award for the period commencing 1 August 2010 one Ph.D. grant for a term of two years (with a possible one year extension). The particular area of emphasis to be supported by this grant is Maritime Law and Law of the [...

Forum on the electronic Apostille Pilot Program, Madrid 2010

Posted on May 20, 2010
The Hague Conference on Private International law has announced the holding of the 6th Forum on the electronic Apostille Pilot Program (e-APP) in Madrid on 29 & 30 June 2010. The e-Apostille is a digital document communicated in electronic form; it allows a country to improve the issuance of reports of an administrative or notarial character, [...

First Issue of 2010?s ERA Forum

Posted on May 20, 2010
The first issue of ERA Forum for 2010 was released recently. It includes several articles dealing with various aspects of European private law, either in English, German or French. Some discuss more specifically topics of private international law. Here is the relevant part of the editorial of the journal by Leyre Maiso Fontecha: 1 European civil procedure [...

Abbott v. Abbott: A Ne Exeat Right is a ?Right of Custody? Under the Hague Abduction Convention

Posted on May 18, 2010
In a 6-3 decision announced yesterday morning, the United States Supreme Court reversed the decision of the United States Court of Appeals for the Fifth Circuit, and held that a ne exeat right?which typically allows a non-custodial parent to resist a child?s move out of his country of habitual residence?constitutes a right of custody under [...

Local languages in the European area of justice

Posted on May 18, 2010
The Ministry of Justice of France has warned the General Council of the Spanish Judiciary on the bad practices of some Catalonian judges and magistrates, who send their resolutions to their French colleagues written in Catalan. France has raised a complaint to the CGPJ, which in turn has sent a letter to the president of [...

ILA Conference 2010

Posted on May 17, 2010
De Iure Humanitas. Peace Justice and International Law. The 74th Conference of the International Law Association, hosted by the Netherlands Society of International Law to celebrate its 100th anniversary, will take place in The Hague from 15 to 20 August 2010...

Second Issue of 2010?s Journal du Droit International

Posted on May 17, 2010
The second issue of French Journal du droit international (Clunet) for 2010 was just released. It includes four articles and several casenotes. Remarkably, one of the articles is actually written in English. It discusses Company mobility through cross-border transfers of registered offices within the European Union ? A new challenge for French law...

Compensation for private copying in respect of storage media: A.G. Opinion on SGAE v. Panawan S.L., aff. C-467/08

Posted on May 17, 2010
On September the 8th 2008, the Audiencia Provincial de Barcelona referred a preliminary ruling under Article 234 EC. The Audiencia Provincial de Barcelona submitted a series of questions to the Court concerning the interpretation of Article 5(2)(b) of Directive 2001/29 of the European Parliament and of the Council of 22 May 2001 on the harmonisation [...

Guest Editorial: Fentiman on ?Private International Law and the Downturn?

Posted on May 11, 2010
Richard Fentiman is Reader in Private International Law at the University of Cambridge, where he teaches the postgraduate course on International Commercial Litigation. His book on International Commercial Litigation was published by Oxford University Press in February 2010...

French Courts Reject Anti-Arbitration Injunctions

Posted on May 11, 2010
The Paris first instance court rejected applications for anti-arbitration injunctions in two different cases in January and March 2010. A full report of these judgments by Alexis Mourre and Alexandre Vagenheim over at the Kluwer Arbitration Blog can be found here...

Journal of Private International Law Colloquium 2010 ? Call for papers

Posted on May 10, 2010
The second biannual colloquium will be held on 1 October 2010, in Brisbane, Queensland, Australia and will be hosted by the SocioLegal Research Centre at Griffith University. The colloquium takes the form of a roundtable discussion in which participants present and discuss their papers, which will be pre-circulated...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (3/2010)

Posted on May 08, 2010
Recently, the May/June issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was published. This issue contains inter alia some of the papers presented at the Brussels I Conference in Heidelberg last December...

Publication on Oregon?s New Choice-of-Law Codification for Torts

Posted on May 06, 2010
Professor Symeon Symeonides, principal draftsman of Oregon’s new choice-of-law codification for torts and other non-contractual claims, which went into effect on January 1, 2010, published an article on these rules. This is the first codification of this interesting but difficult subject in a common-law state of the United States, and the second one after the [...

Issue 2010/1 Nederlands Internationaal Privaatrecht

Posted on May 06, 2010
The first issue of 2010 of the Dutch PIL journal Nederlands Internationaal Privaatrecht includes the following contributions: Xandra Kramer – Editorial (Lissabon, Stockholm, Boek 10 BW en andere IPR-beloften voor 2010), p. 1-2 J-G Knot – Europees internationaal erfrecht op komst: het voorstel voor een Europese Erfrechtverordening nader belicht (on the Proposal for a European [...

Pending Cases at the U.S. Supreme Court

Posted on May 06, 2010
As the current term of the United States Supreme Court winds-down, two decisions remain outstanding that are of some interest to the readers of this site. The first pending case is Abbott v. Abbott, which was argued in January. As previewed at length on this site (here and here), Abbott is a [...

Program on International Commercial Contracts in Ravenna

Posted on May 05, 2010
The Faculty of Law of the University of Bologna and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law have announced their Summer School program in International Commercial Contracts, which will take place on June 7-11, 2010 at the Ravenna campus of the University of Bologna...

ERA Conference International Commercial Transactions

Posted on May 04, 2010
This ERA Conference on International Commercial Transactions takes place on 10-11 June 2010. The objective is to analyse the legal aspects of international commercial transactions with a special focus on cross-border sale of goods. Key topics include: - UN Sales Convention (CISG)...

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