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Conflict of Laws

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

2011 Summer Seminar in Urbino

Posted on March 31, 2011
The Faculty of Law of the University of Urbino will host this summer its 53rd Seminar of European Law. Many of the courses taught over the two weeks of the seminar (22 August-3 September) will deal with conflict issues. Although courses can be taught in English, this is a franco-italian seminar where courses are typically taught in French or Italian, with [...

A New Assignment for the Rome I Regulation

Posted on March 30, 2011
When the Rome I Regulation was finalised in 2008, certain questions concerning the effect of assignments upon third parties (e.g. judgment creditors, security holders, prior assignees of the same right) were left open. In this connection, the Commission undertook to prepare and submit a report on the question of the effectiveness of an assignment or [...

Krombach v. Bamberski: Update

Posted on March 28, 2011
The second criminal trial of Dr. Dieter Krombach will begin tomorrow in Paris. Readers will recall that the first trial took place in the absence of Dr. Krombach, and then led to the famous Krombach decision of the European Court of Human Rights. Readers will also recall that this second trial will take place because the [...

New Spanish Law

Posted on March 26, 2011
Spanish Ley 4/2011, de 24 de marzo, de modificación de la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil, para facilitar la aplicación en España de los procesos europeos monitorio y de escasa cuantía, was published yesterday in our Boletín Oficial del Estado...

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Commission?s Proposals On Matrimonial Property Regimes and Property Consequences of Registered Partnerships

Posted on March 24, 2011
As announced in the past months, on 16 March 2010 the Commission presented the proposals for two regulations on property rights of “international” married couples and registered partnerships: Proposal for a Council Regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, COM(2011) 126 of 16 March [...

Application of foreign law (Sellier, 2011)

Posted on March 22, 2011
APPLICATION OF FOREIGN LAW Edited by Carlos Esplugues, José Luis Iglesias and Guillermo Palao (Sellier, Munich, March 2011) I am delighted to announce the publication of the book ?APPLICATION OF FOREIGN LAW? (Sellier, Munich, March 2011, ISBN 978-3-86653-155-0), edited by Carlos Esplugues, José Luis Iglesias and Guillermo Palao, all of them Professors of Private [...

French Book on the Rome I Regulation

Posted on March 22, 2011
The university of Burgundy has just published a new book on the Rome I Regulation: Le Règlement communautaire Rome I et le choix de loi dans les contrats internationaux. The book is the result of a conference held in Dijon in September 2010. The contributions include: AVANT-PROPOS, par Sabine CORNELOUP et Natalie JOUBERT ...

Trimble on Foreigners and Patent Litigation in the US

Posted on March 21, 2011
Marketa Trimble, who teaches at the William S. Boyd School of Law in Nevada, has posted When Foreigners Infringe Patents: An Empirical Look at the Involvement of Foreign Defendants in Patent Litigation in the U.S. on SSRN. The abstract reads: This paper presents results from a multiple-year project concerned with the involvement of foreign (non-U...

Orejudo on the Law Applicable to Mediation Contracts

Posted on March 18, 2011
Patricia Orejudo Prieto de los Mozos, who is a professor of private international law at the University of Oviedo (Spain), has posted The Law Applicable to International Mediation Contracts on SSRN. The abstract reads: Mediation entails the provision of the services of a professional, the mediator, who holds a legal relationship with the disputants: the mediation contract...

ERA Conference on Brussels I Revision

Posted on March 16, 2011
A conference organized by the European Law Academy (ERA) on the recast of the Brussels I Regulation will take place in Trier (Germany) on 26 and 27 May 2011. Renowned speakers will discuss the main issues of the revision: abolition of exequatur, provisional and protective measures, disputes involving third country defendants, efficiency of choice of [...

Cuadernos de Derecho Transnacional, Issue 1/2011

Posted on March 15, 2011
The first issue for 2011 of the Cuadernos de Derecho Transnacional, the Spanish journal published twice a year by the Área de Derecho Internacional Privado of Univ. Carlos III of Madrid under the editorship of Alfonso Luis Calvo-Caravaca (Univ. Carlos III) and Javier Carrascosa-González (Univ...

Promoting a Spanish Law on International Civil Cooperation

Posted on March 14, 2011
In 2000, the Spanish Civil Procedure Act stated that within six months after its entry into force the Government would propose a draft law on international cooperation. Many years have elapsed, and the law, obviously needed, has not yet seen the light...

Swiss Conference on the Brussels I Review

Posted on March 13, 2011
The Swiss Institute of Comparative Law will hold a conference on the Brussels I Review and its impact on the Lugano Convention on April 8th at the Institute in Lausanne. The full programme can be downloaded here, and the registration document is available here...

UAM Conference on EU Law. Call for Papers

Posted on March 10, 2011
The UAM (Universidad Autónoma de Madrid) Faculty of Law will host the 1st UAM International Conference on EU Law. Recent trends in the case law of the Court of Justice of the EU (2008-2011) the 14-15 July 2011. This Conference is meant to be a forum for the critical analysis of the most recent ECJ [...

Antisuit Injunctions

Posted on March 09, 2011
My colleague Roger Alford has an excellent post up at Opinio Juris regarding the recent comings and goings in the Chevron Ecuador Litigation. See here for more. Related posts:Extraterritorial Application of U.S. Laws See this post of Roger Alford on a recent case...

Fourth Issue of 2010?s Revue Critique de Droit International Privé

Posted on March 08, 2011
The last issue of the Revue critique de droit international privé was just released. It contains two articles and several casenotes. The full table of content can be found here. In the first article, Dr. Marius Kohler and Dr. Markus Buschbaum discuss the concept of recognition of authentic instruments in the context of cross-border successions [...

Jurisdiction in Cross-Border Libel Cases

Posted on March 06, 2011
The Court of Appeal for Ontario has released Paulsson v. Cooper, 2011 ONCA 150 (available here). The plaintiff, an academic and author resident in Ontario, sued the defendants for publishing an allegedly libellous review of his book. The defendant publisher was incorporated in New York and had its national office in Massachusetts...

Private International Law Seminar, Madrid 2011

Posted on March 05, 2011
On 24 and 25 March, 2011, a new edition of the Private International Law Seminar organized by Prof. Fernández Rozas and De Miguel Asensio will take place in Madrid. Supported this time by the European Commission and the Notary Association of Madrid, the Seminar is organized in coordination with the Anuario Español de Derecho Internacional [...

Arbitration Academy: Summer Courses 2011

Posted on March 05, 2011
An International Academy for Arbitration Law will be launched in Paris in July 2011. The Academy is an initiative of the French Arbitration Committee (Comité Français de l’Arbitrage (CFA)) and is presided by Professor Emmanuel Gaillard. The Board of Directors is composed of the Academy’s President, Alexandre Hory and Yas Banifatemi as co- Secretary Generals, [...

French Court Declines Jurisdiction in Libel Case over Book Review

Posted on March 04, 2011
Yesterday, a Paris criminal court declined jurisdiction over the proceedings initiated against Joseph Weiler for a book review published on his website (original judgment available here, Weiler offers translation of part of it here). We had reported earlier on this case: an Israel based scholar had initiated criminal libel proceedings in France against Weiler, a U...

First Issue of 2011?s ICLQ

Posted on March 03, 2011
The first issue of the International and Comparative Law Quaterly for 2011 was recently released. In the only article addressing a conflict issue, Professor Trevor Hartley (LSE) discusses Choice of Law Regarding The Volontary Assignment of Contractual Obligations under the Rome I Regulation...

Ringe and Hellgardt on Issuer Liability

Posted on March 03, 2011
Wolf-Georg Ringe (Oxford Faculty of Law) and Alexander Hellgardt (Max Planck Institute for Tax Law and Public Finance) have published an article on The International Dimension of Issuer Liability?Liability and Choice of Law from a Transatlantic Perspective in the last issue of the Oxford Journal of Legal Studies...

Symposium on Chinese ? EU Private International Law

Posted on February 28, 2011
Tsinghua University School of Law, Strasbourg University and China-EU School of Law will co-organize an International Symposium on The Law applicable to International Contracts: A Comparison between Chinese New Private International Law and EU Private International Law on 28 -29 March 2011 at Tsinghua University in Beijing...

Gambazzi Looses in Milan

Posted on February 28, 2011
On 24 November 2010, the Milan Court of appeal declared enforceable in Italy the English judgments delivered in 1998 and 1999 in the Gambazzi case. We had reported earlier on this judicial saga which has occupied the dockets of a number of higher courts of the western world in the last decade...

Book: Maher and Rodger on Civil Jurisdiction in the Scottish Courts

Posted on February 26, 2011
Gerry Maher (Edinburgh) and Barry Rodger (Strathclyde) have published Civil Jurisdiction in the Scottish Courts (W. Green, 2010). Here?s the blurb: The last comprehensive survey of the law on civil jurisdiction in Scotland, by Duncan & Dykes, was published in 1911...

Book: From House of Lords to Supreme Court (including Article by Briggs)

Posted on February 24, 2011
Hart Publishing has recently published an edited collection entitled From House of Lords to Supreme Court: Judges, Jurists and the Process of Judging, edited by James Lee (University of Birmingham), celebrating the transition from the House of Lords to the new United Kingdom Supreme Court...

Dallah, Part 2: French Court Reaches Opposite Conclusion

Posted on February 23, 2011
We knew that the English and the French do not drive on the same side of the road. We also knew that they do not perceive arbitration in the same way. We now will also know that, when looking at the same evidence, they reach opposite conclusions. This is the lesson of readingtogether the judgments of the Paris [...

Issue 2010.4 Nederlands Internationaal Privaatrecht

Posted on February 21, 2011
The last issue of 2010 of the Dutch journal on Private International Law, Nederlands Internationaal Privaatrecht includes the following articles on Succession and Party Autonomy, European Cooperation and Child Maintenance, Brussels I and Contracts of Service and PIL aspect of Islamic Financing: Andrea Bonomi, Testamentary freedom or forced heirship? Blancing party autonomy and the protection [...

French Blocking Statute Still Unimpressive

Posted on February 21, 2011
We had reported earlier on the first French case applying of the French blocking statute criminalizing cooperation with US discovery procedures. One interesting question that followed that case was whether US courts would then take the statute seriously...

Publication: Baratta (Ed.), Dizionario di Diritto Internazionale Privato

Posted on February 20, 2011
The Italian publishing house Giuffrè has recently published a new book in the law dictionary series Dizionari del diritto privato, directed by Prof. Natalino Irti. The volume, Diritto internazionale privato, edited by Prof. Roberto Baratta, is entirely devoted to Private International Law...

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