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Conflict of Laws

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

Pleading Alien Tort Statute Cases in the US: Heightened Pleading in International Cases

Posted on August 19, 2009
As recently discussed on this blog, the US Supreme Court case of Ashcroft v. Iqbal will have important ramifications for private international law cases filed in US federal courts. That case requires that a complaint state a “plausible” claim for relief to survive a motion to dismiss...

Publication: Mills on The Confluence of Public and Private International Law

Posted on August 19, 2009
Alex Mills (Selwyn College, Cambridge) has published a monograph, based upon his doctorate, on The Confluence of Public and Private International Law: Justice, Pluralism and Subsidiarity in the International Constitutional Ordering of Private Law (2009, Cambridge University Press)...

Hamburg Lectures on Maritime Affairs

Posted on August 17, 2009
In the period 04.09. – 21.10. 2009 this year?s Hamburg Lectures on Maritime Affairs, organised by the International Max Planck Research School for Maritime Affairs and the International Tribunal of the Law of the Sea (ITLOS), will take place in Hamburg...

A Deepening Split Of Authority Over The Burden of Proof In The Federal Long-Arm Statute (And The Continuing Debate Over the Broad Assertion of Personal Jurisdiction Stemming From Patent Applications)

Posted on August 13, 2009
The Federal Circuit this week has taken a side in a long-running circuit split over the burden of proving the applicability of Fed. R. Civ. P. 4(k)(2), the federal long-arm statute that provides for service and personal jurisdiction for federal causes of action whenever a foreign defendant is not amenable to suit in any one [...

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Rabels Zeitschrift: Special Issue on the Communitarisation of Private International Law

Posted on August 05, 2009
The latest issue (Vol. 73, No. 3) of the German law journal Rabels Zeitschrift is a special issue dedicated to the communitarisation of private international law and contains the following articles (written in English): Heinz-Peter Mansel: Kurt Lipstein (1909-2006) Jürgen Basedow: The Communitarisation of Private International Law – Introduction Jan von Hein: Of Older Siblings and Distant Cousins: [...

Choice of law clauses are not promissory

Posted on August 04, 2009
The recent Australian case of Ace Insurance Ltd v Moose Enterprise Pty Ltd [2009] NSWSC 724 discusses an important question of principle concerning contractual choice of law clauses: are they promissory terms of the contract or merely declaratory of the parties’ intention? The case arose out of class action litigation presently pending in the United States...

Civil Procedure (Amendment) Rules 2009

Posted on August 04, 2009
Some changes to the CPR Rules, effective October 2009. Nothing of great importance to conflicts, although note the new 68.2A on requests to apply the urgent preliminary ruling procedure to the ECJ. Related posts:Urgent Procedure Adopted for Preliminary Rulings in the Area of Freedom, Security & Justice The excelConference on European Civil Procedure for Civil Law [...

Italian Commentary on Rome I Regulation

Posted on August 03, 2009
An extensive and thorough commentary on the Rome I Regulation – the first, to the best of my knowledge, to provide an article-by-article analysis of the rules of the new EC instrument on the law applicable to contractual obligations – has been published in the latest issue (no...

An English translation of the Introductory

Posted on July 31, 2009
An English translation of the Introductory Act to the German Civil Code (EGBGB) (as amended up to 17 March 2009) is now available here. Related posts:Law Governing Name in German Conflicts German pr

Two new IPL Regulations

Posted on July 31, 2009
Today’s Official Journal (L, nº 200), publishes two new IPL Regulations: REGULATION (EC) No 662/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009 establishing a procedure for the negotiation and conclusion of agreements between Member States and third countries on particular matters concerning the law applicable to contractual and non- contractual [...

Article on Passengers? Rights

Posted on July 25, 2009
Jens Karsten (Brussels/Oslo) has written a paper on recent developments in the field of European passenger law with references to PIL issues. ?Im Fahrwasser der Athener Verordnung zu Seereisenden: Neuere Entwicklungen des europäischen Passagierrechts? has been published in the German law journal ?Verbraucher und Recht? (VuR) vol...

United States Congress Considering Legislation Relating to Pleading

Posted on July 23, 2009
As was recently reported on this blog, this past May the United States Supreme Court decided the case of Ashcroft v. Iqbal, which will have relevance for pleading private international law cases in United States federal courts. The five-member majority in Iqbal (Justice Kennedy joined by Chief Justice Roberts and Justices Scalia, Thomas, & Alito) made [...

Publication: ?La nuova disciplina comunitaria della legge applicabile ai contratti (Roma I)?

Posted on July 23, 2009
The papers presented at the conference on the Rome I Regulation hosted in November 2008 by the University of Venice ?Ca? Foscari? (see here for the webcast) have been published by the Italian publishing house Giappichelli under the editorship of Nerina Boschiero: “La nuova disciplina comunitaria della legge applicabile ai contratti (Roma I)“...

Publications on international surrogate motherhood

Posted on July 22, 2009
A paper of Prof. Anna Quiñones Escámez (Pompeu Fabra Univerity, Barcelona) has just been published in the Spanish electronic magazine InDret. The English abstract reads as follows: The following pages focus on Private International Law issues raised by the Resolution of the Spanish “Dirección General de los Registros y del Notariado” (DGRN) of last February the 18th...

Australia to accede to Hague Convention on Service Abroad

Posted on July 22, 2009
On 25 June 2009, the Commonwealth Attorney General tabled the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 in Parliament. This is the first step to Australia’s becoming a party to the Convention...

ECJ: Judgments in ?Hadadi? and ?Zuid-Chemie BV?

Posted on July 17, 2009
Yesterday, the ECJ delivered its judgments in cases C-189/08 (Zuid-Chemie BV v. Philippo’s Mineralenfabriek NV/SA) and C-168/08 (Laszlo Hadadi (Hadady)) 1. Zuid-Chemie concerns the interpretation of Art. 5 (3) Brussels I Regulation. The Hoge Raad der Nederlanden (Netherlands) had referred the following questions to the ECJ: 1...

Publication. Punitive damages: Common Law and Civil Perspectives

Posted on July 16, 2009
On a previous post (see here) I gave notice of a Viena Conference on Punitive Damages held in November 2008, organised by the Institute for European Tort Law and chaired by Sir Henry Brooke and Prof. Ken Oliphant. Following this event a book has just been published, entitled “Punitive Damages: Common Law and Civil Law Perspectives”...

Summer Seminar in Urbino

Posted on July 15, 2009
The Faculty of Law of the University of Urbino will host this summer its 51st Seminar of European Law. The majority of the courses taught over the two weeks of the seminar (17-29 August) will deal with conflict issues, in particular European regulations...

Round-Up of Canadian Conflicts Publications

Posted on July 15, 2009
Readers of this web site might find some of the following publications to be of interest. I have tried to gather togther recent work by Canadian conflicts scholars. Please post a comment if you are aware of another piece. Vaughan Black & Angela Swan, “Concurrent Judicial Jurisdiction: A Race to the Court House or to Judgment?” [...

ECJ: Recent Judgments and References on Brussels I and Brussels II bis

Posted on July 14, 2009
I. Judgments on Brussels I: 1. SCT Industri AB i likvidation v. Alpenblume AB (C-111/08) The Högsta domstolen (Sweden) had referred the following question to the ECJ for a preliminary ruling: Is the exclusion under Article 1(2)(b) of Regulation [No 44/2001] of bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, [...

Publication: Rossolillo, ?Identità personale e diritto internazionale privato?

Posted on July 13, 2009
A very interesting book on conflict issues arising out of personal identity and name has been recently published by the Italian publishing house CEDAM. The volume, “Identità personale e diritto internazionale privato“, is authored by Prof...

Publication: Hartley on International Commercial Litigation

Posted on July 12, 2009
Trevor Hartley (LSE) has published a new textbook entitled, International Commercial Litigation: Text, Cases and Materials on Private International Law, published by Cambridge University Press. Here’s the blurb: This carefully structured, practice-orientated textbook provides everything the law student needs to know about international commercial litigation...

European Commission: Area of Freedom, Security and Justice serving the Citizen

Posted on July 12, 2009
The communication from the Commission to the European Parliament and the Council titled “An area of freedom, security and justice serving the citizen” (COM(2009) 262 final) mentioned already in one of our previous posts, is now available. Of particular interest might be the following passages envisaging a communitarisation of choice of law rules in the field [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (4/2009)

Posted on July 11, 2009
Recently, the July/August issue of the German legal journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): Anatol Dutta: “Das Statut der Haftung aus Vertrag mit Schutzwirkung für Dritte” – the English abstract reads as follows: The autonomous characterisation of national legal institutions is one of the [...

Does Astreinte Belong to Enforcement? (I)

Posted on July 09, 2009
French courts do not have contempt power. When they issue injunctions, the only available tool that they have to ensure compliance is astreinte. Astreinte is a pecuniary penalty which typically accrues per day of non-compliance. For instance, a French commercial court may order a party to do something or to refrain from doing something under a [...

Publication: The University of Pennsylvania Journal of International Law

Posted on July 09, 2009
The University of Pennsylvania Journal of International Law (Volume 30, Number 4) has recently published a symposium in celebration of its anniversary. Private international lawyers will be interested in the following contributions: International Litigation and Arbitration Gary Born, The Principle of Judicial Non-Interference in International Arbitral Proceedings Catherine A...

Sovereign Immunity over French Buildings

Posted on July 07, 2009
On November 19, 2008, the French Supreme Court for private matters (Cour de cassation) delivered an interesting judgment on the scope of the sovereign immunity of foreign states in France. The German state was the owner of a building which had been used in the past for the purpose of hosting first a NATO unit (possibly [...

French Court Denies Recognition to American Surrogacy Judgement

Posted on June 30, 2009
On 26 February 2009, the Paris Court of Appeal denied recognition to a couple of American judgments which had sanctioned a surrogacy. The Court held that it was contrary to French international public order. In this case, a French couple had found a surrogate mother in Minnesota who had accepted to carry their child...

Petition Granted in Abbott v. Abbott

Posted on June 29, 2009
This morning, the United States Supreme Court granted the Petition for Writ of Certiorari in Abbott v. Abbott, a case concerning the role of ne exeat clauses in the Hague Abduction Convention. The grant was urged not only by the petitioner, but also by the Solicitor General on the Court’s invitation...

Anuario Español de Derecho Internacional Privado, vol VIII (2008)

Posted on June 28, 2009
The Anuario de Derecho Internacional Privado Español,vol. VIII, 2008 has just been released. These are its contents: Manuel Díez de Velasco Vallejo, ?Adolfo Miaja de la Muela y el Derecho Internacional Privado español. A propósito de su centenario? DOCTRINA Andrea Bonomi ?El Reglamento Roma II y las relaciones con terceros Estados? Pedro J...

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