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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

Fourth Issue of 2008?s Revue Critique de Droit International Privé

Posted on February 24, 2009
The fourth issue of the Revue Critique de Droit International Privé was just released. It contains two articles. Unfortunately, none of them comes with an abstract in English. The first is a presentation of the Rome I Regulation by emeritus Professor Paul Lagarde and Aline Tenenbaum, who lectures at the Faculty of Law of Paris XII University...

An Early 2009 Round-Up: Significant Federal Cases Over the Past Two Months

Posted on February 24, 2009
In this round-up of significant U.S. decisions during the first two months of 2009, we?ll focus on two areas of law that generate a lot of jurisprudence at the appellate level. A. Jurisdiction for Acts Occurring Abroad Two federal statutory schemes?the first a response to the events of September 11, the second a 200 year old response [...

Supreme Court of Canada Addresses Role of Parallel Proceedings in Stay Applications

Posted on February 23, 2009
Canada’s highest court has delivered its judgment in Teck Cominco Metals Ltd. v. Lloyd’s Underwriters (available here). The decision is quite brief and upholds the decision of both courts below, leaving some to wonder why leave to appeal was granted...

Garsec goes to the High Court

Posted on February 23, 2009
Readers may recall 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. My post on that decision is here. It arises out of an alleged contract for the sale of an old, rare [...

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Publication: Liber Fausto Pocar - New Instruments of Private International Law

Posted on February 22, 2009
The Italian publishing house Giuffrč has recently published a very rich collection of essays in honor of Fausto Pocar, Professor at the University of Milan and judge and former President of the International Criminal Tribunal for the former Yugoslavia, one of Italian leading scholars in the field of public international law, EU law and private [...

Retaliation in Alien Tort Statute Litigation?

Posted on February 22, 2009
Chevron is seeking to recover legal costs, including $ 190,000 in copying expenses, from Nigerian villagers Related posts:Transnational Tort Litigation as a Trade and Investment Issue Alan O. Sykes (Stanford Law School) has posted “Transnational Tort...

Jurisdiction in Contract Matters in Brazil

Posted on February 21, 2009
I am grateful to Henry Saint Dahl, the President of the Inter-American Bar Foundation, for contributing this report. Săo Paulo Civil Appellate Court, Seventh Chamber (Appeal N0. 312.848-4/4-00): Editoriale Johnson SPA et al.; v. Renaço Comércio e Importaçăo e Indústria Ltda et al...

Programme and Booking for the Journal of Private International Law Conference 2009 at NYU

Posted on February 20, 2009
The programme for the Journal of Private International Law Conference 2009, to be held at New York University Law School on 17-18 April 2009, along with a special tribute to Andreas Lowenfeld on 16 April, is now available. The line-up, both in the early careers section, and in the plenary sessions, makes this a diverse [...

First Issue of 2009?s Journal du Droit International

Posted on February 19, 2009
The first issue of French Journal du Droit International (also known as Clunet) will shortly be released. It contains several articles dealing with conflict issues. The topic of the first two is the 2008 Rome I Regulation on the law governing contractual obligations...

10th Anniversary of the Yearbook of Private International Law

Posted on February 19, 2009
For the 10th Anniversary of the Yearbook of Private International Law, a conference will be held in Lausanne, Switzerland, on 19 March 2009 at the Swiss Institute of Comparative Law. The topic of the day will be “The Future of PIL between National and International Codifications and Case Law”...

ECJ Judgement on Deko-Marty Belgium, Case C-330/07

Posted on February 18, 2009
Many thanks to Professor Laura Carballo (Santiago de Compostela University, Spain), who has asked me to upload this brief comment on the ECJ judgment following Veronika Gaertner’s post ECJ: Judgment on International Jurisdiction in Respect of Actions to set a Transaction aside by Virtue of Insolvency...

PIL conference in Johannesburg

Posted on February 18, 2009
PIL conference at the University of Johannesburg 9-11 September 2009 Call for papers: www.uj.ac.za/law Closing date: 28 February 2009 Related posts:PIL conference in Johannesburg Please find a call for papers for the third quadrennial...Seminar on PIL at the University of Johannesburg FACULTY OF LAW, UNIVERSITY OF JOHANNESBURG - INSTITUTE FOR PRIVATE...

ECJ: Judgment on International Jurisdiction in Respect of Actions to set a Transaction aside by Virtue of Insolvency

Posted on February 17, 2009
On 12th February, the ECJ delivered its judgment in case C-339/07 (Christopher Seagon in his capacity as liquidator in respect of the assets of Frick Teppichboden Supermärkte GmbH v Deko Marty Belgium N.V.). The questions referred to the ECJ concern the international jurisdiction of courts in respect of actions to set a transaction aside by [...

Service of Federal Court documents outside Australia

Posted on February 16, 2009
Practitioners in Australia should be aware that, pursuant to Practice Note No 13 (4 September 2008), the Federal Court requires a party applying for leave to serve originating process or other documents outside Australia to support the application with evidence of information obtained from the Private International Law Section of the Commonwealth Attorney-General’s Department in [...

BIICL Conference: Finality in International Litigation and Arbitration: Res Judicata in National, European and International Law

Posted on February 15, 2009
As part of the BIICL?s 2009 Seminar Series on Private International Law the BIICL organizes in February 2009 (date to be set) a conference titled ?Finality in International Litigation and Arbitration: Res Judicata in National, European and International Law?...

Layton on West Tankers

Posted on February 13, 2009
Alexander Layton QC is a barrister in practice at 20 Essex Street, London. He is a specialist in private international law and arbitration, and joint general editor of European Civil Practice. Although he acted for the UK government at the oral hearing in West Tankers, the views below are purely personal...

Rafael Arenas on West Tankers

Posted on February 13, 2009
Rafael Arenas is Professor of Private International Law at the University of Barcelona (Universidad Autónoma). He has numerous publications in the field of international commercial law. He is author of several monograph works, such as Registro Mercantil y Derecho del Comercio Internacional, and co-author of Derecho de los negocios internacionales Regulation 44/2001 also applies to arbitral proceedings The [...

Pfeiffer on West Tankers

Posted on February 12, 2009
Thomas Pfeiffer is professor of law and director of the Institute for Comparative Law, Conflict of Laws and International Business Law of Heidelberg University. He has published intensively in the areas of contract law, private international law and international dispute resolution...

Harris on West Tankers

Posted on February 12, 2009
(Jonathan Harris is the Professor of International Commercial Law at the University of Birmingham, and a barrister at Brick Court Chambers. He is one of the authors of Dicey, Morris & Collins: The Conflict of Laws, and is co-editor of the Journal of Private International Law...

Kessedjian on West Tankers

Posted on February 12, 2009
Catherine Kessedjian is Professor of Law at the European College of Paris (University Paris 2) and a former Deputy Secretary General of the Hague Conference on Private International Law. Commenting ?ŕ chaud? is contrary to the good lawyer?s tradition (at least in civil law)...

Dickinson on West Tankers: Another One Bites the Dust

Posted on February 11, 2009
Andrew Dickinson is a Solicitor Advocate, Consultant to Clifford Chance LLP and Visiting Fellow in Private International Law at the British Institute of International & Comparative Law. His commentary on the Rome II Regulation is published by Oxford University Press...

West Tankers: Online Symposium

Posted on February 10, 2009
The European Court of Justice has delivered its judgment in the West Tankers case. This decision was much awaited. It raises critical issues, in particular in respect of the actual scope of European civil procedure, the consequences of the principle of mutual trust and the tolerance of the European Union with regard common law procedural devices...

ECJ Judgment in West Tankers

Posted on February 10, 2009
The European Court of Justice delivered its judgment in West Tankers this morning (we had previously reported on the conclusions of Advocate General Kokott in this case). The issue before the court was, in the words of the court, 19. … essentially, whether it is incompatible with Regulation No 44/2001 for a court of a Member State to [...

III International Seminar on Private International Law

Posted on February 10, 2009
The III International Seminar on Private International Law, coordinated by Professors José Carlos Fernández Rozas and Pedro de Miguel Asensio, took place at the Faculty of Law, Universidad Complutense de Madrid, on the 5th and 6th February. The Seminar, entitled ?Self-regulation and unification of international contract law?, was divided into five sessions dedicated to offering a [...

West Tankers: Comment by Professor Hess

Posted on February 10, 2009
We are grateful to Professor Burkhard Hess, University of Heidelberg, for contributing the following remarks on the ECJ’s judgment in “West Tankers”: 1. The outcome of the ECJ?s judgment is not surprising and, from the point of view of continental procedural law, the findings are completely in line with the framework of [...

Verona Conference on the Rome I Regulation

Posted on February 07, 2009
The Faculty of Law at Verona are hosting a conference on the Rome I Regulation on 19-20 March 2009. The conference flyer describes its scope thusly: Since it is believed that the proper functioning of the internal market creates a need, in order to improve the predictability of the outcome of litigation, certainty as to the [...

Volume 4, Issue 3, Journal of Private International Law

Posted on February 07, 2009
The latest issue of the Journal of Private International Law is out, and the contents are: Understanding the English Response to the Europeanisation of Private International Law by Jonathan Harris Licences and Assignments of Intellectual Property Rights Under the Rome I Regulation by Paul LC Torremans Matrimonial Property on Divorce: All Change in Europe by CMV Clarkson A Defence of the [...

Respect for Algerian/Moroccan Children?s Origin

Posted on February 06, 2009
I am grateful to Horatia Muir Watt to have accepted to react to my post on Adoption of Algerian/Moroccan Children in France. I certainly agree with Gilles Cuniberti that the prohibition resulting from article 370-3 of the Civil Code certainly lacks nuance...

No Adoption in France for Algerian/Moroccan Children

Posted on February 06, 2009
Children from Algeria or Morocco may not be adopted in France. This is because under French law, the law of the child controls the issue of whether adoption is possible at all. Thus, children from countries where adoption is unknown are unadoptable. As there is no adoption in Islam, children from countries such as Algeria and [...

Uruguay - Case on Carrier?s Liability

Posted on February 05, 2009
I am grateful to Henry Saint Dahl, the President of the Inter-American Bar Foundation, for contributing this report on this case from Uruguay. On October 10, 2008, the Civil Court of Appeals in Montevideo, Uruguay, affirmed the decision of the 14th Civil Court of Montevideo in Royal & Sun Alliance Seguros Uruguay Sociedad Anónima v...

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