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Conflict of Laws 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

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Transboundary Environmental Pollution in PIL from a Comparative Perspective

Posted on October 19, 2020
Guillaume Laganière has published his doctoral thesis (McGill University, May 2020) ?Liability for transboundary pollution in private international law: a duty to ensure prompt and adequate compensation? online here. Because of the author?s comparative approach to the topic, the work is not only interesting to Canadian readers...


Universal Civil Jurisdiction ? Which Way Forward?

Posted on October 17, 2020
Serena Forlati and Pietro Franzina edited a book on the Universal Civil Jurisdiction, which was published by Brill a couple of days ago. The book features contributions prepared by colleagues  from four different European countries and eight universities...


EUFams II Online Final Conference, Friday 30 October 2020, 9.30 ? 13.00 h

Posted on October 16, 2020
EUFams II is a study funded by the European Commission with the objective of assessing the functioning and the effectiveness of European family and succession law. The project is coordinated by the Institute for Comparative Law, Conflict of Laws and International Business Law at Heidelberg University (Prof...


Out now: Yearbook of Private International Law XXI (2019/2020)

Posted on October 13, 2020
   TABLE OF CONTENTS ________________ Foreword …………………………………………………………………………………………… xi Abbreviations …………………………………………………………………………………… xiii Doctrine Janeen CARRUTHERS Discerning the Meaning of ?Habitual Residence of the Child? in UK Courts ? A Case for the Oracle of Delphi ……………………………………… 1 Christian KOHLER The EU Succession Regulation before the German Courts 2016-2019 …...


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Update HCCH 2019 Judgments Convention Repository

Posted on October 13, 2020
HCCH 2019 Judgments Convention Repository In preparation of the Video Roundtable by the University of Bonn and the HCCH on 29 October 2020, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately? Update of 13 October 2020: […]


Venezuelan PIL Master Classes

Posted on October 13, 2020
by José Antonio Briceño Laborí, Professor of Private International Law, Universidad Central de Venezuela y Universidad Católica Andrés Bello The Master?s Program in Private International Law and Comparative Law at the Universidad Central de Venezuela started on October 1st a series of conferences titled ?Master Classes ? Selected Topics on Private International Law? held in the […]


Back to the Future ? (Re-)Introducing the Principle of Ubiquity for Business-related Human Rights Claims

Posted on October 12, 2020
On 11 September 2020, the European Parliament?s Committee on Legal Affairs presented a draft report with recommendations to the Commission on corporate due diligence and corporate accountability. This report has already triggered first online comments by Geert van Calster and Giesela Rühl; the present contribution aims both at joining and at broadening this debate...


UK Supreme Court on law applicable to arbitration agreements

Posted on October 11, 2020
Written by Stephen Armstrong, lawyer practicing in Toronto, Ontario, Canada with an interest in international arbitration. [Linkedin] On Friday, October 9, 2020, the United Kingdom Supreme Court released an interesting decision concerning the applicable law governing arbitration agreements in international contracts and the jurisdiction of the courts of the seat of the arbitration to grant […]


Chinese Court Holds Arbitral Award by Foreign Arbitration Institutions in China Enforceable

Posted on October 11, 2020
(This is another version of views for the recent Chinese case on international commercial arbitration provided by Chen Zhi, a PhD candidate in the University of Macau, Macau, PRC) On 6 August 2020, Guangzhou People?s Intermediate Court (?Guangzhou court?) handed down a ruling on a rare case concerning the enforcement of an award rendered by […]


The End of the ?Sahyouni Saga?

Posted on October 09, 2020
The German Bundesgerichtshof (BGH) in August finally decided the case “Sahyouni” that made it twice to the ECJ (Sahyouni I  and Sahyouni II). The BGH decision (German text here) applied the new German rules on private divorces. The German legislator had enacted these rules after the ECJ declared the Rome III Regulation as only applicable […]


Human rights in global supply chains: Do we need to amend the Rome II-Regulation?

Posted on October 09, 2020
Written by Giesela Rühl, Humboldt-University of Berlin   The protection of human rights in global supply chains has been high on the agenda of national legislatures for a number of years. Most recently, also the European Union has joined the bandwagon...


Fraud and Foreign Judgments under Singapore law

Posted on October 08, 2020
A foreign judgment is generally not to be reviewed on the merits at the recognition and enforcement stage. Yet, an exception has always been carved out for fraud under the common law rules on the basis that ?fraud unravels everything? (Lazarus Estates Ltd v Beasley [1956] 1 QB 702, 712 per Lord Denning)...


Diego Arroyo speaks about present and future of private international law

Posted on October 07, 2020
5 pm Argentinian time. Registration here.


Personal jurisdiction over a non-resident defendant in a product liability case to be argued before the US Supreme Court today: the consolidated Ford Motor cases

Posted on October 07, 2020
The US Supreme Court will hear oral arguments today (7-Oct-2020) concerning two consolidated cases: Ford Motor Co. v. Montana Eighth Judicial District Court and Ford Motor Co. v. Bandemer. The consolidated cases deal with the difficult issue of personal jurisdiction over a non-resident defendant, where there is a split in federal courts of appeals and […]


Call for Papers ?Jurisdiction ? Who speaks international law??

Posted on October 06, 2020
The German Working Group of Young Scholars in Public International Law (Arbeitskreis junger Völkerrechtswissenschaftler*innen – AjV) asked me to forward the following call for papers. This conference intends to bridge the gap between international public and private international law, thus, contributions from private international law are more than welcome...


Virtual Conference on ?The Burden of Proof in International Arbitration?

Posted on October 06, 2020
On Monday, October 26, 2020 at 15.00 CET, the European Center for Arbitration and Mediation and The International School of Arbitration and Mediation for Europe, the Mediterranean and the Middle East organise their Annual International Conference Med-Mid XIV on ?The Burden of Proof in International Arbitration/La charge de la preuve dans l’arbitrage international?...


The Hague Academy of International Law 2021 Online Winter Courses

Posted on October 06, 2020
Registration for the 2021 Online Winter Courses will open on October 8th, 2020 at 0:00 hrs. The Hague Time (GMT +1). Due to the COVID-19 pandemic, and for the first time in the Academy’s almost century-old history, a session of courses will be held exclusively online, that of winter 2021...


Extraterritorial Effect of the Hong Kong National Security Law

Posted on October 05, 2020
Professor Sophia Tang, Wuhan University (China) and Newcastle University (UK) will give a virtual seminar in the Durham University China Law Centre. The topic is “Extraterritorial Effect of the Hong Kong National Security Law”. Webinar: Extraterritorial Effect of the Hong Kong National Security Law  Speaker:Prof Zheng TANG Time:13:00 p...


Brexit and the UK joining two HCCH Conventions ? A convoluted and unorthodox process that has finally come to an end

Posted on October 04, 2020
As announced in a previous post, the UK has (again) joined the 2005 Choice of Court Convention and the 2007 Child Support Convention. On 2 October 2020, the Depositary has officially notified of the new UK instrument of accession to the Choice of Court Convention and of the new UK instrument of ratification of the […]


Brentwood Industries v. Guangdong Fa Anlong Machinery Equipment Co., Ltd?A third way to enforce China-seated arbitral awards made by foreign arbitration institution

Posted on October 04, 2020
Brentwood Industries v. Guangdong Fa Anlong Machinery Equipment Co., Ltd?–A third way to enforce China-seated arbitral awards made by foreign arbitration institution by Jingru Wang Wuhan University Institute of International Law Background Nationality of an arbitral award marks the source of the legal validity of the award...


Virtual Workshop on October 6: Anatol Dutta on Family Law and Multicultural Society

Posted on October 02, 2020
On Tuesday, October 6, the Hamburg Max Planck Institute will host its fourth monthly virtual workshop in private international law at 11:00-12:30. Anatol Dutta (Ludwig Maximilian University Munich) will speak, in German, about family law and multicultural society, followed by open discussion...


Belgium ratifies the 2000 Hague Adults Convention

Posted on October 02, 2020
On 30 September Belgium ratified the Hague Convention of 13 January 2000 on the International Protection of Adults. This means that the Convention will enter into force for Belgium on 1 January 2021. The Convention will then have 13 Contracting States...


HCCH Monthly Update: September 2020

Posted on September 30, 2020
Membership On 7 September 2020, Nicaragua and Thailand were issued with certificates confirming an affirmative vote in favour of their respective admissions as Members of the HCCH, following a six-month voting period which ended on 4 September 2020. Both Nicaragua and Thailand are now each invited to deposit an instrument of acceptance of the HCCH […]


United Kingdom joins 2005 Choice of Court and 2007 Child Support Conventions

Posted on September 30, 2020
On 28 September 2020, the United Kingdom of Great Britain and Northern Ireland deposited its instrument of accession to the HCCH Convention of 30 June 2005 on Choice of Court Agreements (2005 Choice of Court Convention) and its instrument of ratification to the HCCH Convention of 23 November 2007 on the International Recovery of Child […]


Out now: Festschrift 40 Jahre IPRG

Posted on September 29, 2020
Celebrating the 40th birthday of the Austrian Private International Law Act, scholars from numerous European countries have contributed to a festschrift of more than 400 pages edited by Florian Heindler (Sigmund Freud University Vienna). The essays focus on the possible reform of the Austrian PIL Act, its value, and its role as a national PIL […]


Anti-Suit Injunction Issued in China: Comity, Pragmatism and Rule of Law

Posted on September 27, 2020
By Zheng (Sophia) Tang, sophia.tang@ncl.ac.uk 1 Anti-suit Injunctions issued in Huawei v Conversant and Xiaomi v Intel Digital Chinese courts have issued two anti-suit injunctions recently in cross-border patent cases. The first is the Supreme Court?s ruling in Huawei v Conversant, (2019) Zui Gao Fa Zhi Min Zhong 732, 733 and 734 No 1...


Update: HCCH 2019 Judgments Convention Repository

Posted on September 26, 2020
In preparation of the Video Roundtable by the University of Bonn and the HCCH on 29 October 2020, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately? Update of 27 June 2020: New entries are printed bold...


Conference Frontiers in Civil Justice 16-17 November 2020

Posted on September 25, 2020
As announced earlier on this blog, the Conference Frontiers in Civil Justice organized by the ERC team of Erasmus School of Law in Rotterdam, will take place on 16 and 17 November 2020. The conference addresses four key issues in civil justice, which require a deeper and renewed reflection in light of their contribution of facilitating […]


HCCH 2019 Judgments Convention Repository

Posted on September 25, 2020
In preparation of the Video Roundtable by the University of Bonn and the HCCH on 29 October 2020, we are offering here a Repository of contributions to the HCCH 2019 Judgments Convention. Please email us if you miss something in it, we will update immediately? Please also check the ?official? Bibliograghy of the HCCH for […]


No execution of a Baltimore expired money judgment, even if previously given full faith and credit in Greece

Posted on September 24, 2020
Creditors in international business transactions need to follow a three step plan in order to secure the satisfaction of their claims: Secure an enforceable judgment in their jurisdiction; declare the latter enforceable in the country of the judgment debtor; and proceed swiftly or at least timely to execution measures...


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