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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

ICCS Convention No. 29 on the recognition of decisions recording a sex reassignment

Posted on February 19, 2011
On March 1, 2011, the ICCS Convention No. 29 on the recognition of decisions recording a sex reassignment, adopted by the Lisbon General Assembly on 16 September 1999, and signed at Vienna on September 12, 2000, will enter into force. Two States have so far ratified the Convention: Spain in October 2010, and the Netherlands [...

Dallah: French Court Pays No Attention to Lords? Lecture

Posted on February 18, 2011
The Paris Court of Appeal ruled yesterday on the action introduced by the Government of Pakistan to set aside the award which had ordered it to pay over USD 20 million to Dallah. The Court found that the arbitral tribunal had been right to retain jurisdiction in this case, and dismissed the action of Pakistan...

First Issue of 2011?s Journal du Droit International

Posted on February 16, 2011
The first issue of French Journal du droit international (Clunet) for 2011 was just released. It includes three articles, two of which explore conflict issues. In the first article, a leading French public international lawyer, Professor Mathias Forteau (Paris Ouest Nanterre University), offers his views on the concept of transnational public policy (L’ordre public Ť transnational ť ou [...

Green Paper on the Free Movement of Public Documents

Posted on February 14, 2011
On December 14th, 2010, the European Commission issued a Green Paper exploring whether the circulation of public documents should be simplified: Less Bureaucracy for Citizens: Promoting Free Movement of Public Documents and Recognition of the Effects of Civil Status Records...

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Tourism and Jurisdiction to take Centre Stage in Supreme Court of Canada

Posted on February 14, 2011
On March 21, 22 and 25, 2011 the Supreme Court of Canada will hear appeals in four private international law cases. Each is a case in which the Ontario court has held that it has jurisdiction to hear the dispute and that the proceedings should not be stayed in favour of another forum...

Canadian Case on State Immunity

Posted on February 14, 2011
In Kazemi (Estate of) v. Islamic Republic of Iran, 2011 QCCS 196 (available here) the estate of Zahra Kazemi and her son, Stephan Kazemi, sued Iran and certain state officials in Quebec, alleging that in 2003 Ms. Kazemi was tortured and assassinated in Iran...

Buxbaum on Reception of Conflict Conventions in the U.S.

Posted on February 10, 2011
Hannah Buxbaum, who is a professor of law at the University of Indiana in Bloomington, has posted Conflict of Laws Conventions and Their Reception in National Legal Systems: Report for the United States on SSRN. This is the U.S. national report on “Conflict of Laws Conventions and Their Reception in National Legal Systems,” prepared for [...

PhD Positions Erasmus School of Law (Rotterdam)

Posted on February 10, 2011
The Erasmus School of Law has two vacancies for PhD candidates within the Research project ?Securing Quality in Cross-Border Enforcement: Towards European Principles of Civil Procedure?. This project is financed by the Netherlands Organization for Scientific Research (NWO) within its prestigious Innovational Research Incentives Scheme (VIDI)...

Lugano Convention in force in Switzerland

Posted on February 09, 2011
We had reported earlier on the willingness of Switzerland to apply the 2007 Lugano Convention in 2011. Switzerland has indeed ratified the Convention on October 20th, 2010. The notice of the ratification to the Contracting Parties can be found here, and includes Switzerland’s reservations and declarations...

Kinsch on Choice of Law and the Prohibition of Discrimination

Posted on February 07, 2011
Patrick Kinsch, who is a visiting professor at the University of Luxembourg and the Secretary General of the European Group for Private International Law, has posted Choice of Law and the Prohibition of Discrimination under the European Convention on Human Rights on SSRN...

Should American Courts Hear Transnational Tort Claims Against Corporations?

Posted on February 04, 2011
As was recently reported on this blog, in September the United States Court of Appeals for the Second Circuit entered an important decision in Kiobel v. Royal Dutch Petroleum regarding whether corporations may be sued under the Alien Tort Statute. The upshot of that opinion was that corporations cannot be sued under the Alien Tort [...

MPI Comments on Green Paper on European Contract Law

Posted on February 03, 2011
The Max Planck Institute for Comparative and International Private Law has submitted its comments on the European Commission’s Green Paper on Policy Options for Progress Towards a European Contract Law for Consumers and Businesses. These Comments are the product of a working group established inside the Institute which has met since September 2010...

Paris, the Jurisdiction of Choice?

Posted on February 01, 2011
On January 17th, the President of the Paris Commercial Court (Tribunal de commerce) inaugurated a new international division. The new division, which is in fact the 3rd division of the court (3čme Chambre), is to be staffed with nine judges who speak foreign languages, and will therefore be able to assess evidence written in a foreign language...

Italian Forum on the Brussels I Review Proposal (2): Lis Pendens and Related Actions

Posted on January 31, 2011
Following our previous post on the forum on the Brussels I review currently hosted by the website of the Italian Society of International Law (SIDI-ISIL), another comment has been added, on the amendments proposed by the Commission in respect of lis pendens and related actions...

Bans on foreing law (mainly sharia law)

Posted on January 30, 2011
A reading proposal for a Sunday afternoon: Julian Ku’s (Opinio Iuris) recent post on the Oklahoma’s prohibition on foreing and international law, that threatens to spread to other States. The ban affects every legal precept of other nations or culture in Arizona’s proposal...

Journal of Private International Law Conference 2011 (Update)

Posted on January 28, 2011
Following Martin’s post announcing the fourth Journal of Private International Law Conference which will take place in Milan on April 14-16, 2011, I am pleased to announce that the University of Milan has created a webpage gathering all practical details regarding the conference...

Weiler on his Own Trial

Posted on January 26, 2011
We had previously reported about this criminal action initiated for a book review against NYU law professor Joseph Weiler. The trial took place last week in Paris. Weiler reports on it here. Verdict on March 3rd. Related posts:Book Reviews, Criminal Libel, and the Jurisdiction of French Courts What are the risks of facing a criminal [...

O?Hara and Ribstein on Conflict Rules and Global Competition

Posted on January 25, 2011
Erin A. O’Hara, who is a professor of law at Vanderbilt Law School, and Larry E. Ribstein, who is a professor of law at the University of Illinois College of Law, have posted Exit and the American Illness on SSRN. Here is the abstract: This essay, prepared for a book on the effect of regulatory, liability, and [...

New French Book on Cross-Border Debt Recovery

Posted on January 25, 2011
I am delighted to announce the publication of a book that I have coauthored with Clotilde Normand, who practices at Baker & McKenzie in Paris, and Fanny Cornette, who teaches at the University of Rouen, on International Enforcement Law, or Cross-Border Debt Recovery (Droit international de l’exécution – Recouvrement des créances civiles et commerciales) ...

Italian Forum on the Brussels I Review Proposal

Posted on January 24, 2011
The Italian Society of International Law is currently holding a Forum on the Brussels I Review Proposal. The Forum offers contributions of Italian scholars on the Proposal, in Italian. So far, two have been posted: Pietro Franzina, La garanzia dell?osservanza delle regole sulla competenza giurisdizionale nella proposta di revisione del regolamento ?Bruxelles I? Antonio Leandro, [...

Publication: Liber Amicorum Bernardo Cremades

Posted on January 22, 2011
Bernardo Maria Cremades Sanz Pastor, University professor and lawyer of the Ilustre Colegio de Abogados of Madrid, former Vice President of the London Court of International Arbitration, and member of the ICSID Panels of Conciliatiors and Arbitrators, is undoubtedly the Spanish best known and most recognised legal professional in international arbitration...

Conference on the Brussels I Review Proposal

Posted on January 20, 2011
The British Institute of International and Comparative Law will hold a conference on the Commission’s Brussels I Review Proposal of December 2010 on February 10th, 2011. Speakers will include: The Right Hon the Lord Mance, Justice of the Supreme Court of the United Kingdom Professor Alegría Borras, University of Barcelona, Spain; GEDIP Andrew Dickinson, Professor in Private International [...

OUP Yearbooks Available Online

Posted on January 19, 2011
Law Yearbooks from OUP ? Free Online Access until Feb. 28th Since the start of January 2011 the law yearbooks from Oxford University Press, previously available only in print, have become available online as well. This includes all volumes since 1996 but not the most recent ones which only published in December 2010...

Lis pendens in Regulation (EC) 2201/03 (again on Purrucker v. Vallés)

Posted on January 17, 2011
Reference for a preliminary ruling from the Amtsgericht Stuttgart (Germany), to be dealt with through the accelerated procedure, was lodged on 16 June 2010 in case C- 296/10 (Bianca Purrucker v Guillermo Vallés Pérez, noch ein mal). ECJ’s answer was published on Saturday in OJ, C, 013...

New French Law of Arbitration

Posted on January 14, 2011
A new law of arbitration was adopted yesterday in France. The Décret n° 2011-48 of 13 January 2011 portant réforme de l’arbitrage amends the French Code of Civil Procedure accordingly. The old provisions of the Code on arbitration dated back to 1980 and 1981...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (1/2011)

Posted on January 12, 2011
Recently, the January/February issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was published. Here is the contents: Heinz-Peter Mansel/ Karsten Thorn/Rolf Wagner: “Europäisches Kollisionsrecht 2010: Verstärkte Zusammenarbeit als Motor der Vereinheitlichung?” – The English abstract reads as follows: The article gives an overview on the developments in Brussels in the [...

P.R. China?s First Statute on Choice of Law (translated in English)

Posted on January 12, 2011
Following up on Xiao Fang’s excellent post here regarding the Statute on the Application of Laws over Foreign-Related Civil Relations of the People?s Republic of China which shall come into force as of April 1, 2011 and is the P.R. China?s first statute on conflict rules, I am very pleased to report that Professor Lu, the [...

International Interdisciplinary Seminar, Surrey, 21 June 2011

Posted on January 11, 2011
The Surrey International Law Centre (SILC) announces a call for papers for an international interdisciplinary seminar on cultural legitimacy and the international law and policy on climate change that will take place on 21 June 2011 at the School of Law, University of Surrey...

Choice of Law in American Courts 2010

Posted on January 10, 2011
Once again, Dean Symeon Symeonides has compiled his annual choice of law survey. Here is the abstract: This is the Twenty-Fourth Annual Survey of American Choice-of-Law Cases. It is written at the request of the Association of American Law Schools Section on Conflict of Laws, and is intended as a service to fellow teachers and [...

Job offer in Brussels ? lawyer experienced in Private International Law of the Family required

Posted on January 07, 2011
ADDE (Association pour le Droit des Étrangers), is an association for permanent education which promotes the rights of foreigners through the respect of the principles of equality, non discrimination and human rights. ADDE recruits a lawyer to support its “Point d’Appui DIP familial” under a contract of full-time job for 8 months, possibly renewable, from 1 [...

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