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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

New Zealand issues first e-Apostille

Posted on May 15, 2009
The report of the Hague Conference is here. Related posts:First Electronic Apostille in Europe The report of the Hague Conference on Private International Law...Workshop on Cross-border Security over Receivables and Comparative and Private International Law Issues From the conference website: This workshop will provide an in-depth...

Conference: “Il diritto al nome e all’identit personale nell’Unione europea”

Posted on May 14, 2009
An interesting conference on issues relating to name and personal identity in private international law and EU law will be hosted by the Faculty of Law of the University of Milan - Bicocca on 22 May 2009 (h. 9:15-13:45): “Il diritto al nome e all’identit personale nell’Unione europea” (Right to Name and Personal Identity in [...

Latest Issue of "Praxis des Internationalen Privat- und Verfahrensrechts" (3/2009)

Posted on May 12, 2009
Recently, the May/June 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): Peter Kindler: “Internationales Gesellschaftsrecht 2009: MoMiG, Trabrennbahn, Cartesio und die Folgen” - the English abstract reads as follows: The article summarizes, in a European as well as in a German [...

Postdoctoral Research Position in Louvain

Posted on May 11, 2009
The Chair of European Law of the Universit Catholique de Louvain is seeking to recruit a postdoctoral fellow for next academic year. This post is opened in the context of a research project on the relationship between private international law and competition law, which is financed by the European Commission...

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Publication: Raphael on The Anti-Suit Injunction

Posted on May 11, 2009
The latest in a long line of private international law monographs from OUP is The Anti-Suit Injunction by Thomas Raphael. The description from the OUP site: The first major treatment of anti-suit injunctions, a complex area of private international law Concise chapters and a clearly laid out structure with a selection of useful precedents and templates, designed [...

West Tankers and Indian Courts

Posted on May 08, 2009
What is the territorial scope of West Tankers? It certainly applies within the European Union, but does it prevent English Courts from enjoining parties to litigate outside of Europe? In a judgment published yesterday (Shashou & Ors v Sharma ([2009] EWHC 957 (Comm)), Cook J...

Article on Google Book Search Settlement

Posted on May 08, 2009
Yesterday’s issue of the Frankfurter Allgemeine Zeitung (FAZ) contains an interesting article on the Google Book Search Settlement written by Prof. Burkhard Hess: The settlement concerns a class action lawsuit between Google and - as plaintiffs - the Authors Guild, the Association of American Publishers as well as individual authors and publishers about books scanned [...

China Antitrust Gets Global

Posted on May 06, 2009
In an interesting Editorial, the Financial Times discussed yesterday recent rulings of Chinese authorities demonstrating their willingness to enforce Chinese anti-monopoly law��in respect of global deals. Indeed, the FT reports that two out of three of the deals had only secondary implications in China (other reports on the deals can be found here�and here)...

BIICL Seminar on West Tankers

Posted on May 05, 2009
The British Institute for International & Comparative Law are hosting a seminar on Tuesday 12th May (17.30-19.30) entitled Enforcing Arbitration Agreements: West Tankers - Where are we? Where do we go from here? Here’s the synopsis: The February 2009 West Tankers ruling of the European Court of Justice has the unintended consequence of disrupting the flow [...

Garsec discontinued

Posted on May 04, 2009
Readers may recall that a special leave application from the interesting forum non conveniens case in the New South Wales Court of Appeal, Garsec Pty Ltd v His Majesty The Sultan of Brunei [2008] NSWCA 211; (2008) 250 ALR 682, was to be heard by the High Court...

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

Posted on May 04, 2009
The International Research School for Maritime Affairs at the University of Hamburg will award for the period commencing 1 September 2009 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 round of grants is Maritime Law and Law of the [...

Nepal Signs 1993 Hague Adoption Convention

Posted on May 03, 2009
The report of the Hague Conference is here. Related posts:EC Signs Hague Choice of Court Convention On 1st April 2009, the Czech Minister for Justice signed...United States Signs Hague Convention on Choice of Court Agreements On 19th January, the outgoing State Department Legal Advisor, John...

Article on the Dichotomy of Substance and Procedure

Posted on May 02, 2009
Martin Illmer has written an article titled: “Neutrality matters - Some Thoughts about the Rome Regulations and the So-Called Dichotomy of Substance and Procedure in European Private International Law” The article is published in Civil Justice Quarterly 28 (2009) 237 et seq...

French Supreme Court Keeps Flashairlines Case in France

Posted on April 30, 2009
In a previous post, I had reported how the Paris Court of Appeal had accepted to rule on its jurisdiction and to decline it in order to send back a case to the United States. French victims of a plane crash in Egypt had first sued Boeing and some of its subcontractors in Los Angeles...

ECJ Judgment: Apostolides

Posted on April 29, 2009
Yesterday, on 28 April 2009, the ECJ delivered its judgment in case C-420/07 (Meletis Apostolides v. David Charles Orams, Linda Elizabeth Orams). The background of the case is - shortly summarised - as follows: Mr. Apostolides, a Greek Cypriot, owned land in an area which is now under the control of the Turkish Republic of Northern Cyprus, [...

On the value of choice of forum and choice of law clauses in Spain

Posted on April 24, 2009
A contract was held between two companies: a Spanish company and a foreign one. They agreed to refer any dispute concerning the contract to the courts of Barcelona (Spain), and chose Spanish law as applicable law. Later, the Spanish company decided to sue its�counterparty in the United States...

ECJ: Judgments on Brussels I Regulation

Posted on April 23, 2009
Today, the ECJ delivered two judgments on the interpretation of the Brussels I Regulation. 1. Falco Privatstiftung and Rabitsch (C-533/07) The first case, which had been referred to the ECJ by the Austrian Oberster Gerichtshof (OGH), concerns the interpretation of Art...

New Book on Rome II

Posted on April 22, 2009
Brill / Martinus Nijhoff has recently published The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: A New International Litigation Regime.� The book is edited by John Ahern and�William Binchy of Trinity College Dublin.� Full details of the book are available here...

Commission?s Report and Green Paper on Brussels I Regulation

Posted on April 22, 2009
Yesterday, on 21 April 2009, the European Commission adopted a report and a green paper on the functioning of the existing rules on jurisdiction of the courts and the recognition and enforcement of foreign judgments (Regulation (EC) No. 44/2001). The background of the� Commission’s report and green paper is as follows: Art...

On the Desirability of the Alien Tort Statute

Posted on April 20, 2009
Judicially made corporate human rights litigation is a luxury we can no longer afford. This is the conclusion of an op-ed (Rights Case Gone Wrong) published yesterday in the Washington Post by�two leading American international law professors, Curtis Bradley (Duke) and Jack Goldsmith (Harvard)...

New publication on Israeli PIL

Posted on April 20, 2009
Private International Law in Israel by Prof Talia Einhorn Visiting Professor of Law / Indiana University School of Law Visiting Senior Research Fellow / Tel-Aviv University Faculty of Management Kluwer Law International 2009 396 pages ISBN: 9041128670 ISBN-13: 9789041128676 Israel?s PIL is not codified, nor is it clearly traceable to any one legal system...

Conference: The Future of Transnational Litigation

Posted on April 19, 2009
The Future of Transnational Litigation Conference will be taking place in Vienna, Austria on 4-5 June 2009. The organizer is the International Bar Association. Topics will include: The future for international litigation in Europe: revising the Brussels Regulation A role-playing exercise in which an international client, general counsel and lead external counsel consider where to bring suit [...

PIL conference University of Johannesburg: provisional programme

Posted on April 17, 2009
COMPARATIVE PRIVATE INTERNATIONAL LAW CONFERENCE 8?11 SEPTEMBER 2009 UNIVERSITY OF JOHANNESBURG TUESDAY 8 SEPTEMBER 2009 WELCOMING ADDRESS Prof P H O?Brien Executive Dean: Faculty of Law University of Johannesburg OPENING ADDRESS Member Executive Leader Group University of Johannesburg KEY-NOTE ADDRESS (I) Reconciling classic private international law with fidelity to constitutional values Prof C F Forsyth University of Cambridge United Kingdom PRIVATE INTERNATIONAL LAW OF [...

CLIP Principles for Conflict of Laws in Intellectual Property: First Preliminary Draft

Posted on April 16, 2009
The European Max-Planck Group for Conflict of Laws in Intellectual Property, or simply CLIP, has published the first version of their Principles which are available for download at their web page. The purpose of publishing the First Preliminary Draft is to invite scholars and practitioners outside the Group to make suggestions or advance critical remarks [...

Lawrence Collins Appointed to the House of Lords

Posted on April 11, 2009
It does not seem very long ago that we announced the appointment of Sir Lawrence Collins (co-author and General Editor of Dicey Morris and Collins: The Conflict of Laws) to the Court of Appeal; and, in fact, it wasn’t. After two years sitting as a Lord Justice of Appeal, Sir Lawrence has been appointed a [...

Manitoba Law Reform Commission Releases Report on Private International Law

Posted on April 10, 2009
The province of Manitoba’s Law Reform Commission has released a report on Private International Law (available here).� It considers three central issues: 1.� Should legislation be adopted to modify the common law choice of law rule for torts as formulated in Tolofson v...

Journal of Private International Law Conference 2009 at NYU

Posted on April 08, 2009
There are just a few places left at the Journal of Private International Law Conference 2009 - to be held at NYU from 16th - 18th April - so (if you wish to attend) I suggest that you book with all due speed. I shall be attempting to ‘live blog’ the conference, alerting readers to the [...

EC Signs Hague Choice of Court Convention

Posted on April 05, 2009
On 1st April 2009, the Czech Minister for Justice signed the Convention on behalf of the European Community (see the proposal to do so here). Negotiations on the Convention at the Hague were carried out ostensibly under shared competence between the EC and the Member States, but in the wake of Opinion 1/03, of course, [...

ECJ: Judgment on Brussels II bis (A)

Posted on April 04, 2009
On 2 April 2009, the ECJ has delivered its judgment in case C-523/07 (A). The case, which has been referred to the ECJ by the Finnish�Korkein hallinto-oikeus, concerns three children who lived originally in Finland with their mother (A) and stepfather...

Canadian National Class Action Judgment Not Recognized in Quebec

Posted on April 03, 2009
The Supreme Court of Canada has confirmed the decision of the Quebec Court of Appeal in Canada Post Corp. v. Lepine (available here).� The decision flows from Canada Post’s termination, after only a year,�of a lifetime internet service it sold to customers...

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