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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 Rules on Human Rights and Abolition of Exequatur

Posted on January 06, 2011
On December 22nd, the European Court of Justice delivered its judgment in Joseba Andoni Aguirre Zarraga v. Simone Pelz. For the timebeing, it is only available in Spanish, German and French. The case was concerned with a Spanish judgment which had ruled on the divorce of a German-Spanish couple, and had ordered the return of a child [...

Fourth Issue of 2010?s Belgian PIL E-Journal

Posted on January 04, 2011
The fourth issue of the Belgian bilingual (French/Dutch) e-journal on private international law Tijdschrift@ipr.be / Revue@dipr.be was released at the end of December. The journal essentially reports European and Belgian cases addressing issues of private international law, but it also offers academic articles...

Journal of Private International Law Conference 2011 (Milan) ? Programme and Registration

Posted on December 30, 2010
The editors of J.Priv.Int.L are very pleased to announce that the 4th Journal of Private International Law Conference will take place in the University of Milan from Thursday 14th April 2011 at 2pm until Saturday 16th April at 5pm. Over 50 early career papers are expected in parallel sessions on Thursday afternoon and Friday morning [...

Joerges on Conflicts Law as Europe?s Constitutional Form

Posted on December 29, 2010
Christian Joerges, who is a professor of law at Bremen University (and formerly at the European University Institute) has posted Unity in Diversity as Europe?s Vocation and Conflicts Law as Europe?s Constitutional Form on SSRN. The abstract reads: ?Unity in Diversity? was the fortunate motto of the otherwise unfortunate Draft Constitutional Treaty...

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Rome III Regulation Published in the Official Journal

Posted on December 29, 2010
The Rome III regulation (see our most recent post here, with links to the previous ones) has been published in the Official Journal of the European Union n. L 343 of 29 December 2010. The official reference is the following: Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area [...

Morocco Judicial Seminar on Cross-Border Protection of Children and Families

Posted on December 28, 2010
The report of the Hague Conference is available here, and the conclusions of the Seminar can be found here. Related posts:BIICL event: Group Actions, including Class Actions: Cross-border Aspects As part of the BIICL?s 2007-2008 Seminar Series on Private...

Visit of the Hague Conference in Viet Nam (Adoption)

Posted on December 28, 2010
The report of the Hague Conference is available here, and the report of the visit prepared by the Permanent Bureau and the Ministry of Justice of Viet Nam can be found here. Related posts:Vacancy at The Hague Conference Vacancy at the Permanent Bureau of the Hague Conference By...

Swiss Book on the Resolution of IP Disputes

Posted on December 26, 2010
The second volume of the Series of books on intellectual property law of the University of Geneva was recently released. It comprises the papers (either in English or in French) which were written for the conference of intellectual property law of February 8, 2010 which was devoted to the theme Resolution of intellectual property disputes/La [...

Rome III Regulation Adopted by Council

Posted on December 22, 2010
As a Christmas gift for European PIL scholars, the first enhanced cooperation in the history of the EU has been achieved in the field of conflict of laws (on the origin of the initiative see our previous post here). The Council, in its meeting of 20 December 2010, adopted the Rome III regulation implementing enhanced [...

Luxembourg Conference on Provisional Measures

Posted on December 21, 2010
The Journal des Tribunaux Luxembourg will hold a conference on Provisional Measures in International Private and Criminal Law before Luxembourg Courts (Les mesures provisoires du contentieux privé et le droit pénal international devant le juge luxembourgeois) on February 3rd, 2011, in Luxembourg...

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

Posted on December 20, 2010
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. The first article is authored by Jürgen Basedow, who is one of the director of the Max Planck Institute of Comparative and International Private Law in [...

When to Depart from Rome?

Posted on December 17, 2010
The Commission has published lists of the Conventions which Member States have notified under Art. 26(1) of the Rome I Regulation and Art. 29(1) of the Rome II Regulation. It appears that Belgium alone among the Member States has not notified the Commission of any derogating conventions, even though it has ratified the Hague Traffic [...

New Edition of Mayer/Heuzé?s Droit International Privé

Posted on December 16, 2010
The tenth edition of Pierre Mayer and Vincent Heuzé‘s leading treaty on French private international law was released earlier this month. Mayer and Heuzé are both professors at Paris I (Panthéon-Sorbonne) School of Law. More details on the book can be found here...

Commission Proposal on the Review of Brussels I

Posted on December 14, 2010
The long awaited Commission proposal (COM(2010) 748/3) on the review of Brussels I has been published today. The proposed amendments are numerous and require more detailed study, but here are some of the highlights. 1) Abolition of the exequatur. Following the argumentation in the Green Paper on the costs, time and trouble of obtaining a [...

Hess: Remarks on Case C-491/10PPU ? Andrea Aguirre Pelz

Posted on December 12, 2010
We are grateful to Professor Burkhard Hess (Heidelberg) for the following remarks on the German preliminary reference in case C- 491/10 PPU (Andrea Aguirre Pelz): Mutual Recognition and Fundamental Rights Case C-491/10PPU ? Andrea Aguirre Pelz An important preliminary reference has recently reached the ECJ?s dockets: In the case C-491/10PPU the Higher Regional Court of Celle referred [...

ECJ on Pammer and Hotel Alpenhof

Posted on December 11, 2010
On 7 December the ECJ has delivered its judgement in cases C-585/08 and C-144/09 (AG’s Opinion was presented on 18 May 2010). The references for a preliminary ruling concern the interpretation of Article 15(1)(c) and (3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in [...

Fourth Issue of 2010?s Journal du Droit International

Posted on December 10, 2010
The fourth issue of French Journal du droit international (Clunet) for 2010 was just released. It includes four articles and several casenotes. The only article dealing with a conflict issue is authored by Gerald Goldstein, who is a professor of law at the University de Montreal, and Horatia Muir Watt, who is a professor of law [...

Report on Dutch Collective Settlements Act

Posted on December 09, 2010
The Dutch Collective Settlements Act in the International Arena At the request of the Research and Documentation Centre of the Dutch Ministry of Justice, researchers at Erasmus School of Law (Erasmus University Rotterdam) have carried out exhaustive research on the private international law aspects of the Dutch Collective Settlements Act...

French Supreme Court Rules on Punitive Damages

Posted on December 08, 2010
On December 1st, the French Supreme Court for private and criminal matters ruled on whether a foreign judgment awarding punitive damages could be enforced in France. The Court held that, in principle, foreign judgments awarding punitive damages are not contrary to public policy and will thus be recognised...

Pretelli on Fraudulent Conveyances

Posted on December 07, 2010
Ilaria Pretelli, who is a research fellow in private international law and the Director of the Centro Studi Giuridici Europei at the Carlo Bo University of Urbino, Italy, has published a monograph on Garanzie del credito e conflitti di leggi – Lo statuto dell’azione revocatoria...

Publication: Hill & Chong on International Commercial Disputes

Posted on December 05, 2010
The fourth edition of J Hill & (now) A Chong, International Commercial Disputes: Commercial Conflict of Laws in English Courts has just been published by Hart. Here’s the blurb: This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts...

Jurisdiction of the Amsterdam Court of Appeal in the Converium Settlement Case

Posted on December 04, 2010
[Guest post written by Thijs Bosters LL.M., a PhD Researcher (Private International Law and Collective redress) at Tilburg University.] After the Morrison v. NAB decision of last June, the question was raised how and where an f-cubed case should be filed in the future...

Postgraduate Studentships in Private International Law of the EU at Aberdeen

Posted on December 04, 2010
The University of Aberdeen has one of the most significant groups of private international law (PIL) researchers in the world, an excellent dedicated Law Library and a proven track record in research supervision. The EU has embraced harmonised PIL as the means of preserving the cultural and legal diversity that makes Europe so interesting while [...

Dane on the Natural Law Challenge to Choice of Law

Posted on November 25, 2010
Perry Dane, who is a Professor of Law at the Rutgers School of Law – Camden, has posted The Natural Law Challenge to Choice of Law on SSRN. The abstract reads: Would a jurisdiction supremely confident that some or all of its own municipal law rests on natural law and universal legal truth ever have [...

Belgian Reference for a Preliminary Ruling on Art. 6 of the Rome Convention

Posted on November 24, 2010
As pointed out by our friend Federico Garau over at the Conflictus Legum blog, the Belgian Supreme Court (Hof van Cassatie/Cour de Cassation) has made a preliminary reference to the ECJ, with regard to the interpretation of Art. 6 (individual employment contracts) of the 1980 Rome Convention on the law applicable to contractual obligations...

Issue 2010/3 Nederlands Internationaal Privaatrecht

Posted on November 23, 2010
The third issue of the Dutch journal on Private International Law, Nederlands Internationaal Privaatrecht is dedicated to the proposal for a new Dutch Act on Private International Law that will be incorporated in Book 10 of the Dutch Civil Code. It includes a critical general review, and contributions on private international law rules on marriages [...

Third Issue of 2010?s Belgian PIL e-journal

Posted on November 22, 2010
The third issue of the Belgian e-journal on private international law Tijdschrift@ipr.be / Revue@dipr.be was just released. It is a bilingual journal (French/Dutch) on private international law which essentially reports European and Belgian cases addressing issues of private international law, and also offers academic articles...

Complutense PIL Seminar to be held in March 2011. Call for papers

Posted on November 22, 2010
A new edition of the International Seminar on Private International Law (Universidad Complutense de Madrid) will be held on March 2011, the 24 (Thursday, morning and afternoon sessions) and 25 (just morning session). The place, as usual, will be the faculty of Law at the Universidad Complutense of Madrid...

Update: London Arbitration Feast

Posted on November 18, 2010
Further to my post of last week, just to note that the start time of next week’s BIICL seminar on the Supreme Court has been moved 15 minutes earlier to 5:15pm on Wednesday 24 November. This is to enable those attending to continue their arbitration themed evening by making the short journey to the LSE [...

Mills on Federalism in the EU and in the US

Posted on November 17, 2010
Alex Mills, who is a lecturer at Cambridge University, has posted Federalism in the EU and the US: Subsidiarity, Private Law and the Conflict of Laws on SSRN. Here is the abstract: The United States has long been a source of influence and inspiration to the developing federal system in the European Union...

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