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Conflict of Laws

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

On 24 September, the AG Opinion

Posted on September 24, 2009
On 24 September, the AG Opinion in case C-381/08 (Car Trim) on Art. 5 (1) (b) Brussels I has been published: Contracts for the delivery of goods to be produced or manufactured are to be classified as a sale of goods. See also our previous post on the reference...

Judgment and Reference on Brussels I Regulation

Posted on September 20, 2009
The ECJ delivered its judgment in case C-347/08 (Vorarlberger Gebietskrankenkasse) on Artt. 9 (1) (b), 11 (2) Brussels I Regulation on 17 September and held as follows: The reference in Article 11(2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters [...

Parallel proceedings in New South Wales and New Zealand arising from relationship breakdown

Posted on September 17, 2009
In Du Bray v McIlwraith [2009] NSWSC 888, the New South Wales Supreme Court was faced with the not uncommon circumstance of the breakdown of a relationship with connections to Australia and New Zealand. The parties had lived in a de facto relationship for 14 years, beginning in New Zealand and then in Australia...

Mareva orders over foreign land in the Supreme Court of Victoria

Posted on September 17, 2009
In Talacko v Talacko [2009] VSC 349, the Supreme Court of Victoria made Mareva-type orders, restraining the defendants to proceedings pending before the Court from disposing of properties in the Czech Republic, Slovakia and Germany. The properties had been owned by the parents of Helena, Peter and Jan Talacko, progressively confiscated by Communist governments in [...

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International Comity: Governmental Statements of Interest in Private International Litigation

Posted on September 16, 2009
The ongoing case of Khulumani v. Barclay National Bank presents interesting questions concerning the nexus of the public and private in international law.� In Khulumani, a large class of South African plaintiffs assert that several multinational corporations (including Daimler, Ford, General Motors, and IBM)��aided and abetted apartheid crimes (including torture, extrajudicial killing, and arbitrary denationalization) [...

Judges and Jurists: Reflections on the House of Lords

Posted on September 15, 2009
Thursday 5th and Friday 6th November 2009 (Law Society?s Hall, London) This Seminar, to take place at the Law Society?s Hall in London, will mark two events in 2009: the Centenary of the Society of Legal Scholars, and the transition from the House of Lords to the new United Kingdom Supreme Court...

Dublin Up on Rome I

Posted on September 14, 2009
Following the conference to take place at University College Dublin this week, details of a second conference to take place in the Irish capital on the subject of the Rome I Regulation have been announced. �This conference, organised by Trinity College Dublin, is entitled “The Rome I Regulation on the Law Applicable to Contractual Obligations: [...

Croatia Ratifies Hague Child Protection Convention

Posted on September 14, 2009
The report of the Hague Conference is here. Related posts:Greece Ratifies Hague Adoption Convention The report of the Hague Conference is here. ...JHA Council Session (6-7 December 2007): Rome I Regulation and New Hague Convention on the International Recovery of Child Support On 6 and 7 December the Justice and Home...

Greece Ratifies Hague Adoption Convention

Posted on September 13, 2009
The report of the Hague Conference is here. Related posts:Nepal Signs 1993 Hague Adoption Convention The report of the Hague Conference is here. ...Mexico First State to Join Hague Choice of Court Convention of 2005 According to recent news published on the website of...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (5/2009)

Posted on September 13, 2009
Recently, the September/October issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): Christoph Althammer: “Verfahren mit Auslandsbezug nach dem neuen FamFG” – the English abstract reads as follows: The new ?Law on procedure in matters of familiy courts and non-litigious matters? (FamFG) [...

Third Issue of 2009?s Journal du Droit International

Posted on September 12, 2009
The third issue of French Journal du Droit International (also known as Clunet) has just been released. It contains two articles dealing with conflict issues. The first is authored by Dr. Carine Bri�re, who lectures at the University of Rouen. It discusses the coordination of sources in the European private international law of contract (Le droit [...

Conference: ?Tendenze e resistenze all?uniformazione del diritto privato e del diritto processuale civile nell?Unione europea? (Padova, 17-18 September)

Posted on September 11, 2009
On 17 and 18 September 2009 the Faculty of Law of the University of Padova, in collaboration with the Bar Councils of Padova and�Triveneto, will host an international�conference on current trends and�resistances�in the uniformization of European private law and civil procedural law, organised by Profs...

Max Planck Research School: Doctoral Research Positions

Posted on September 09, 2009
The Max Planck Institute for Comparative Public Law and International Law in Heidelberg, in cooperation with the Institute of Comparative and Private International Law, Ruprecht Karls University of Heidelberg and the Max Planck Institute for Foreign and International Criminal Law in Freiburg, is accepting applications for several doctoral research positions in the areas of international [...

Asserting Personal Jurisdiction in Human Rights Cases

Posted on September 09, 2009
My colleague Roger Alford has a fascinating post over at the blog Opinio Juris (available�here)�detailing a recent decision of the United States Court of Appeals for the Ninth Circuit in the case of Bauman v. DaimlerChrysler AG.� In that case, a panel of the Ninth Circuit held that a United States federal district court did [...

Research Assistants in Trier

Posted on September 08, 2009
The Faculty of Law of the University of Trier (Professor Dr. Jan von Hein) is seeking to recruit two Assistants (PhD students) in Private International Law, Comparative Law or Civil Law/Corporate Law. The candidates should be PhD students who will be expected to work on their doctorate, to teach a few hours per week and [...

Dublin Conference on Rome I and Brussels I Regulations

Posted on September 07, 2009
The Commercial Law Centre at University College Dublin has arranged a morning conference next Thursday (17 September 2009, 8:45am-1pm) dealing with the Rome I and Brussels I Regulations. According to the conference materials on the CLC’s website: The Rome I Regulation on the Law Applicable to Contractual Obligations, replacing the Rome Convention comes into effect on 17th [...

ERA Conference on Stockholm Programme

Posted on September 02, 2009
The Academy of European Law (ERA) will host another interesting conference titled New Horizons for Civil Justice in Europe: Towards the “Stockholm Programme” The conference will discuss the key issues for the Stockholm Programme in terms of cooperation in civil matters as presented in the Commission communication COM (2009) 262 of 10 June 2009, such as mutual recognition abolishment [...

ERA Annual Conference on Private International and Business Law

Posted on September 01, 2009
The Annual Conference on Private International and Business Law of the Academy of European Law�will take place on 8-9 October in Trier. ANNUAL CONFERENCE ON PRIVATE INTERNATIONAL AND BUSINESS LAW ROME I, BRUSSELS I, WEST TANKERS AND CARTESIO The seminar will provide practitioners with an analysis of the latest developments in both legislation and jurisprudence in private international [...

Conference on European Procedural Law

Posted on August 31, 2009
The Institute for Comparative Law, Conflict of Laws and International Business Law (University of Heidelberg) and the European Commission will organise the 2nd Conference on European Procedural Law in Heidelberg titled The Future of European Civil Procedural Law __ Reforming the Regulation Brussels I The conference will address in particular the following topics: the abolition of exequatur proceedings defendants in third [...

Recent Australian Journal Articles

Posted on August 30, 2009
Martin Davies, ‘Reflections on the Past Decade of Transnational Litigation’ (2009) 10 Melbourne Journal of International Law 46 The brief article begins: The past decade of transnational litigation has seen a consolidation of the trend towards disputes about venue...

Substance and Procedure: The Statute of Frauds in Australia

Posted on August 30, 2009
A recent decision of the Western Australian Court of Appeal is apparently the first Australian decision to address the correctness of the decision in Leroux v Brown (1852) 12 CB 801; 138 ER 1119 after the High Court of Australia?s decision in John Pfeiffer Pty Ltd v Rogerson (2000) 203 CLR 503, which adopted a [...

Foreign-Domiciled Testators: Jurisdiction over Family Maintenance Claims

Posted on August 30, 2009
In each of the Australian states, legislation exists to recognise that testators have a moral duty to make provision in their wills for certain kinds of dependents and other claimants, and to empower such claimants to make claims upon the estate of testators who failed to make appropriate provision in their wills...

Brussels I Regulation ? The UK Parliament has its say

Posted on August 29, 2009
The House of Lords’ influential European Union Committee (chaired by Lord Mance) has published a report on the Commission’s Green Paper on the Brussels I Regulation. �The report scrutinises the Green Paper, in light of evidence presented by representatives of the UK Ministry of Justice (Lord Bach and Oliver Parker) and Richard Fentiman of Cambridge [...

Hague Academy ? Programme for 2010

Posted on August 27, 2009
The summer is coming to an end. So it is already time to think about next summer. In case you are already checking for flights and hotels at your favorite sea resort in July 2010, the Hague Academy has already posted the�details of its next Summer Programme...

BIICL event: Lis Pendens in International Litigation

Posted on August 27, 2009
The British Institute of International and Comparative Law (BIICL) hosts an event titled ?Lis Pendens in International Litigation? as part of the Herbert Smith Private International Law Seminar Series at the BIICL. What is this event about? The question of international lis pendens has long been controversial, but has taken on new and urgent importance in [...

Opinion of the Comittee of the Regions on Consumer Rights: quite a critical view on the Proposal for a Directive of the European Parliament and of the Council on consumer rights

Posted on August 25, 2009
The opinion of the Committee of the Regions on Consumer Rights has been published in today’s OJ, C 200/76. Notwithstanding the approval of the Commissions proposal aiming to consolidate existing consumer protection directives into a single set of rules�(8 october 2008) the Committee expresses a quite critical opinion on several basic points of the proposal, [...

Second Issue of 2009?s Revue Critique de Droit International Priv�

Posted on August 25, 2009
The second issue of the Revue Critique de Droit International Priv� was released earlier this month. It contains three articles, but�only two deal with conflict issues. The first is authored by�Tunisian professor Sami Bostanji. It addresses the Survival of Communitarism in Judicial Application of Tunisian Private International�Law (La survivance du communautarisme dans l’application judiciaire du droit international [...

Chinese Judgment Enforced in the United States

Posted on August 24, 2009
On August 12, 2009, the United States District Court for the Central District of California issued a judgment enforcing a $6.5 million dollar Chinese judgment against an American corporate defendant under California’s version of the Uniform Foreign Money Judgments Recognition Act...

PIL conference @ UJ

Posted on August 24, 2009
The final programme for the PIL conference at the University of Johannesburg, 8-11 Sept 09, is now available at www.uj.ac.za/law. Related posts:Hague Conference on PIL signs agreement with UJ A cooperaPIL conference in Johannesburg PIL confePIL conference at the University of Johannesburg Comparati

Narrowing the Extraterritorial Reach of U.S. Patent Laws: Cardiac Pacemakers Inc. v. St. Jude Medical Inc.

Posted on August 21, 2009
In a follow-on development from a 2007 U.S. Supreme Court case that was previously discussed on this site (Microsoft Corp. v AT&T Corp.), an en banc decision by the U.S. Court of Appeals for the Federal Circuit on Wednesday has again narrowed the reach of U...

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