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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

ECJ on Hassett v South Eastern Health Board and Art 22(2) Brussels I

Posted on October 04, 2008
The European Court of Justice handed down judgment in Hassett v South Eastern Board on 2nd October 2008. It doesn’t make for particularly interesting reading, so I’ll be brief. The Irish Supreme Court referred the following question to the ECJ: Where medical practitioners form a mutual defence organisation taking the form of a company, incorporated under [...

Spanish PIL periodicals (II): Anuario Español de Derecho Internacional Privado

Posted on October 03, 2008
The Anuario Español de Derecho Internacional Privado is an annual magazine specialized in Private International law. It was born in 2000 on an ambitious initiative of Prof. Dr. José Carlos Fernández Rozas (Complutense University, Madrid), in order to provide the Spanish scientific community with accurate and updated information about conflicts of laws in a wide range of [...

Conference on Judicial Cooperation in South-Eastern Europe

Posted on September 30, 2008
The final program for the international conference titled ?Regional Cooperation in the Field of Civil Proceedings with an International Element? was distributed this week. This is actually the sixth regional conference where academics and practitioners exchange their views and comments on different topics of conflict of laws and related areas...

Jurisdiction to Prevent the End of the World

Posted on September 30, 2008
Which court has jurisdiction to prevent the end of the world? Any, one would think: after all, the end of the world is likely to have serious consequences pretty much everywhere. Is that why an American retired radiation safety officer and a Spanish science writer decided to initiate proceedings in Hawaï to stop the running of the new [...

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Incorporation of 2000 Hague Convention in English Law

Posted on September 29, 2008
I reported earlier on the entry into force of the 2000 Hague Convention on the International Protection of Adults. An interesting issue is the application of the Convention in England and Wales. The United Kingdom ratified the Convention, but only for Scotland...

Spanish PIL periodicals: la Revista Española de Derecho Internacional

Posted on September 28, 2008
The Revista Española de Derecho Internacional (REDI) is one of the main Spanish magazines concerning Private and Public International Law. Dating back to 1948, 57 volumes (two issues per volume; half-yearly periodicity) have already been published. Since 1997 the magazine belongs to the Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales (AEPDIRI), and [...

Conference: ?La matière civile et commerciale, socle d?un code européen de droit international privé?? (Toulouse, 17 October 2008)

Posted on September 26, 2008
An interesting conference will be hosted in Toulouse, on 17 October 2008, by the Institut de Recherche en droit européen, international et comparé (IRDEIC) of the University of Social Sciences of Toulouse: “La matière civile et commerciale, socle d’un code européen de droit international privé?“ (The civil and commercial matters, core of a European Code [...

Second Issue of 2008?s Revue Critique de Droit Int?l Privé

Posted on September 25, 2008
The second issue of the French Revue Critique de Droit International Privé was released some time ago. It contains one article and several case commentaries. A table of contents can be found here. The title of the article is the Forum of Necessity (Le for de nécessité : tableau comparatif et évolutif)...

Article: Muir Watt on Economics of Adjudication and Int?l Arbitration

Posted on September 23, 2008
In an article forthcoming in the French Revue de l’arbitrage, Horatia Muir Watt (Paris I University) explores further the economics of adjudication and wonders what the implications of the lead taken by international arbitration are for the governance of the global economy...

Spanish International Adoption Act (Law 54/2007, of December 28)

Posted on September 23, 2008
The International Adoption Act (Law 54/2007, of December 28), is the first special Private International Law act issued in Spain. It contains a heterogeneous, extensive (possibly the most comprehensive in Comparative Law, with 34 long articles) regulation of international adoption and other measures for protecting incapables...

Proposal EC on Signing of Hague Choice of Court Convention

Posted on September 23, 2008
On 5 September 2008 a Proposal for a Council Decision on the signing by the European Community of the Convention on Choice-of-Court Agreements of 2005 (COM(2008) 538 final was presented. The text of the proposal reads as follows: Article 1 - Subject to a possible conclusion at a later date, the signing of the Convention on [...

Hague Convention on Int?l Protection of Adults to Enter into Force

Posted on September 20, 2008
The Hague Conference on Private International Law reports that the Hague Convention of 13 January 2000 on the International Protection of Adults will enter into force on January 1st, 2009. This is because a third country, France, has ratified the Convention on September 18th, 2008...

Eighteen Publications on South African Private International Law 2007-2008

Posted on September 19, 2008
Sieg Eiselen ?Goodbye arrest ad fundandam. Hello forum non conveniens?? 2008 Tydskrif vir die Suid-Afrikaanse Reg / Journal of South African Law 794 Thalia Kruger Civil Jurisdiction Rules of the EU and their Impact on Third States Oxford University Press 2008 Thalia Kruger ?Regional organisations and their dispute settlement bodies? 2008 De Jure (to be published) Jan L [...

Forum non conveniens and Australian family law cases

Posted on September 18, 2008
Frank Bates, Professor of Law at the University of Newcastle (New South Wales), has a short article entitled ‘Stay Proceedings and Forum Non Conveniens in Recent Australian Family Law’ at (2008) 57(3) International and Comparative Law Quarterly 649...

Article: How Modern Assisted Reproductive Technologies Challenge the Traditional Realm of Conflicts of Law

Posted on September 17, 2008
Sonya Bichkov Green (John Marshall Law School) has written an article on the conflict-of-laws issues arising out of Assisted Reproductive Technologies (ART), focusing on the current legal and judicial framework in the United States (see our previous posts by Gilles Cuniberti on a case of surrogate parenthood involving French authorities: 1, 2): “Interstate Intercourse: How [...

Article: Liberating the Individual from Battles Between States ? Justifying Party Autonomy in Conflict of Laws

Posted on September 15, 2008
Matthias Lehmann has written an article that, while trying to give a theoretical justification for the principle of party autonomy, attacks the dominant conception of conflict of laws. It has been published in vol. 41 of the Vanderbilt Journal of Transnational Law, pp...

AG Opinion in Case ?Ilsinger?

Posted on September 14, 2008
On 11 September 2008, Advocate General Trstenjak’s opinion in case C-180/06 (Renate Ilsinger v. Martin Dreschers (administrator in the insolvency of Schlank & Schick GmbH) has been published. The case basically concerns the question whether international jurisdiction for consumer claims against undertakings for prizes ostensibly won can be established under Art...

Papers Published from the Duke Symposium on the European Choice of Law Revolution

Posted on September 13, 2008
The papers presented at the Duke University School of Law Symposium on ‘The New European Choice of Law Revolution: Lessons for the United States?‘ have now been published in the Tulane Law Review (Vol. 82, No. 5, May 2008). Here’s the table of contents: Ralf Michaels, Introduction - The New European Choice-of-Law Revolution (available on SSRN); Patrick [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (5/2008)

Posted on September 11, 2008
Recently, the September/October 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): Rolf Wagner: “Der Grundsatz der Rechtswahl und das mangels Rechtswahl anwendbare Recht (Rom I-Verordnung) - Ein Bericht über die Entstehungsgeschichte und den Inhalt der Artikel 3 und 4 Rom [...

Garsec Pty Ltd v His Majesty The Sultan of Brunei

Posted on September 10, 2008
The New South Wales Court of Appeal recently handed down its decision in the interesting forum non conveniens case of Garsec Pty Ltd v His Majesty The Sultan of Brunei [2008] NSWCA 211. The case arose out of an alleged contract for the sale of an old, rare and beautiful manuscript copy of the Koran by [...

Choice of Law for Procedural Matters in Patent Cases: A New Article

Posted on September 09, 2008
Ted Field, a Visiting Assistant Professor of Law at Chicago-Kent has recently posted an Article entitled Improving the Federal Circuit’s Approach to Choice of Law for Procedural Matters in Patent Cases on SSRN. Here is the Abstract: Because of its virtually exclusive jurisdiction over patent cases from the entire country, the United States Court of Appeals [...

French Tax Authorities Recognize Dutch Same-Sex Marriage

Posted on September 08, 2008
Le Monde has reported this week that the French Ministry of Finance has accepted to recognize a Dutch same-sex marriage for tax purposes. According to the article, the two Dutch men had married in Leyden in 2002. They then moved to France, probably in 2004...

Guest Editorial: Hay on Recognition of a Recognition Judgment under Brussels I?

Posted on September 08, 2008
Prof. Peter Hay is one of the most distinguished comparative law scholars in the US. He was Alumni Distinguished Professor of Law and dean at the University of Illinois before joining Emory in 1991. Since 1975 he has been an honorary professor at the University of Freiburg in Germany...

Conference: Arbitration and EC Law

Posted on September 05, 2008
The Heidelberg Centre for International Dispute Resolution at the Institute for Private International and Comparative Law will host a conference with the topic “Arbitration and EC Law - Current Issues and Trends”. The conference will focus on the relations between European civil procedure and arbitration which have been an intensely debated topic among legal scholars and practitioners [...

The AG Opinion in West Tankers

Posted on September 05, 2008
Advocate General Kokott’s Opinion in Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) and Others v West Tankers Inc. is out, and the House of Lords (and most common law practitioners) are not going to find it a pleasurable read. The question, you will remember, is whether anti-suit injunctions to give effect to arbitration agreements are [...

Third Issue of 2008?s Journal du Droit International

Posted on September 03, 2008
The third issue of French Journal du Droit International (also known as Clunet) was just released. It contains two articles dealing with conflict issues. In the first, Pierre Berlioz, who lectures at Paris I (Panthéon-Sorbonne) University, seeks to define the notion of provision of services for the purpose of article 5-1 b) of the Brussels I [...

Immunity of Foreign Central Banks Assets in Belgium

Posted on September 02, 2008
Patrick Wautelet is a professor of law at the University of Liège (Belgium). Belgium has recently adopted a specific legislation granting immunity of enforcement to assets held by foreign central banks and international monetary institutions, such as the World Bank...

Reference on Art. 5 No. 1 (b) Brussels I: Distinction between sales of goods/provision of services and determination of place of performance regarding contract involving carriage of the goods

Posted on September 01, 2008
With a decision of 9th July 2008, the German Federal Supreme Court (Bundesgerichtshof) has referred a reference to the ECJ for a preliminary ruling on the interpretation of Art. 5 No. 1 (b) Brussels I Regulation. The German-Italian case concerns contracts for the delivery of goods to be manufactured or produced which, however, showed certain [...

Colloquium on the Choice of Courts Convention

Posted on August 29, 2008
The Hague Convention on Choice of Court Agreements is the result of negotiations that began at The Hague Conference on Private International Law in 1992, when the United States asked for the Conference to develop a convention on jurisdiction and judgments...

Submission of Abstracts for the 2009 NYU Conference

Posted on August 26, 2008
The Journal of Private International Law will hold its third major conference at New York University on April 17-18, 2009. As was the practice at the prior conferences at the University of Aberdeen in 2005 and at the University of Birmingham in 2007, we are including a ?call for papers? to be presented at [...

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