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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

French Supreme Court Breaks Land Taboo

Posted on July 13, 2010
On June 23rd, 2010, the French Supreme court for private and criminal matters (Cour de cassation) held that French courts had jurisdiction to determine the succession to a property situated in a foreign country. The deceased person was a French national domiciled in Madrid...

Publication: Black on Foreign Currency Claims in the Conflict of Laws

Posted on July 12, 2010
The second book in Hart Publishing’s new Studies in Private International Law is out, and it is Vaughan Black‘s Foreign Currency Claims in the Conflict of Laws. From the blurb: Problems in assessment of damages remain among the most contentious aspects of private law disputes...

New South Wales and Singapore Supreme Courts Enter Into a Memorandum of Understanding on Questions of Foreign Law

Posted on July 11, 2010
From the press release: The Supreme Courts of New South Wales and Singapore have entered into a Memorandum of Understanding (MOU) to work closely and expeditiously on issues arising under foreign law. It is the first time a formal agreement has been forged between an Australian and foreign court on a legal issue, as distinct [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (4/2010)

Posted on July 11, 2010
Recently, the July/August issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was published. Here is the contents: Christoph Thole: “Anscheinsbeweis und Beweisvereitelung im harmonisierten Europäischen Kollisionsrecht ? ein Prüfstein für die Abgrenzung zwischen lex causae und lex fori” – the English abstract reads as follows: The harmonisation of European private international [...

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French Supreme Court Recognizes Foreign Gay Adoption

Posted on July 09, 2010
Yesterday, the French supreme court for private and criminal matters (Cour de cassation) held that an American judgment permitting the adoption of a child by the female partner of the mother was not contrary to French public policy and could be recognized in France...

Van Den Eeckhout on Transnational Corporate Social Responsibility

Posted on July 08, 2010
Veerle Van Den Eeckhout, who is professor of private international law at Leiden university (the Netherlands) and the University of Antwerp (Belgium), has posted International Environment Pollution and some other PIL?Issues of Transnational Corporate Social Responsibility on RefGov and on SSRN...

Dickinson on The Rome II Regulation: Supplement Now Available

Posted on July 07, 2010
Andrew Dickinson’s monograph on The Rome II Regulation ? The Law Applicable to Non-Contractual Obligations was published in December 2008, and subsequent contributions from courts and academics have been seen throughout 2009 and 2010. To ensure that his work stays up-to-date and comprehensive, Dickinson has published an Updating Supplement to accompany the monograph...

Getting to know Spanish PIL Particularities

Posted on July 06, 2010
One of the most particular traits of the Spanish legal system results from art. 149.1.8 of the Constitution, under which ?1. The State has exclusive jurisdiction over the following matters: 8- Civil legislation, without prejudice to the preservation, modification and development by Autonomous Communities of civil rights (…), where they exist...

Southampton Colloquium on Maritime Conflict of Laws

Posted on July 06, 2010
The Institute of Maritime Law at the University of Southampton, together with the Universities of Oslo and Tulane, is hosting a colloquium on maritime conflict of laws on 1st -2nd October 2010. The programme looks excellent (it doesn’t seem to be available on the web anywhere, so you’ll just have to trust me on that)...

The Influence of Amicus Briefs and Morrison

Posted on July 05, 2010
Daniel Schimmel is a partner at Kelley Drye & Warren LLP, New York. The decision of the U.S. Supreme Court in National Australia Bank illustrates the influence of amicus briefs on the decisions of courts in the U.S. The Supreme Court expressly relied on the amicus briefs filed by foreign states and numerous international and European [...

Morrison, Securities Liability and Corporate Governance

Posted on July 02, 2010
Wolf-Georg Ringe is a Lecturer at the University of Oxford. Alexander Hellgardt is a Senior Research Fellow at the Max Planck Institute in Munich. In the recent decision Morrison v. National Australia Bank, the U.S. Supreme Court has developed a new test for the extraterritorial applicability of U...

Securities Class Actions and Extra-Territoriality: a View from Spain

Posted on July 02, 2010
Laura Carballo teaches at the University of Santiago de Compostela, Spain. She is author of Las acciones colectivas y su eficacia extraterritorial (problemas de recepción y trasplante de las class actions en Europa), De conflictu Legum, vol. 12, 2009 In 2009 Spanish investors were surprised with the news that they were also affected by Madoff?s [...

A ?View from Across? (in the Other Direction)

Posted on July 01, 2010
Horatia Muir Watt is a Professor at the School of Law of Sciences Po, Paris. From the standpoint of an outside observer with « a view from across », the practical result reached in the Morrison case seems reasonable. It is highly probable that in a similar situation ? that is, supposing jurisdiction could be secured under [...

Securities Class Actions and Extra-territoriality: A View from Canada

Posted on June 30, 2010
Geneviève Saumier teaches at McGill University, Montreal. Securities class actions are a relatively new phenomenon in Canada for two main reasons. First, class procedures are available across the country only since 2004 (though since 1978 in Quebec and 1992 in Ontario)...

Breaking News: the End of Morrison?

Posted on June 30, 2010
The very next day after the US Supreme Court released its decision in Morrison, the US Congress passed a bill which pretty much overrules the Supreme Court decision. The Dodd-Frank Wall Street Reform and Consumer Protection Act (at 1330) provides: b) EXTRATERRITORIAL JURISDICTION OF THE ANTIFRAUD PROVISIONS OF THE FEDERAL SECURITIES LAWS...

Extraterritorial Reach of US Securities Law: Online Symposium

Posted on June 29, 2010
As reported yesterday by Trey, the US Supreme court has delivered a landmark decision on the extra-territorial reach of US securities law and class actions. This decision was much awaited, not only in the United States, but also in many other jurisdictions...

Extraterritorial Reach of U.S. Securities Law? What Extraterritorial Reach?

Posted on June 29, 2010
Hannah Buxbaum is Executive Associate Dean for Academic Affairs and Professor of Law at the Indiana University Maurer School of Law in Bloomington, Indiana. Her article on multinational securities class actions was cited in both the majority opinion and Justice Stevens? concurring opinion in Morrison v...

US Securities Laws and Extraterritoriality

Posted on June 28, 2010
In a landmark decision, the United States Supreme Court ruled last week in the case of Morrision et al. v. National Australia Bank Ltd. et al. that Section 10(b) of the Securities Exchange Act does not provide a cause of action to foreign plaintiffs suing foreign and American defendants for misconduct in connection with securities traded [...

Rosenberg and McCloud on Choice of Law in Class Actions

Posted on June 25, 2010
David Rosenberg, who is a professor of law at Harvard Law School, and Luke McCloud, who is a third year student at HLS, have posted A Solution to the Choice-of-Law Problem of Differing State Laws in Class Actions: Average Law on SSRN. In this essay, we show why and how to apply the average of differing state laws [...

Shah on Ethnic Minorities and Transjurisdictional Marriages

Posted on June 24, 2010
Prakash Shah, who is a Senior Lecturer at Queen Mary, University of London, has posted Inconvenient Marriages, or What Happens When Ethnic Minorities Marry Trans-Jurisdictionally on SSRN. The abstract reads: This article presents evidence of a trend in the practice of British immigration control of denying recognition to marriages which take place trans-jurisdictionally across national and continental boundaries [...

Brilmayer and Anglin on Choice of Law and the Metaphysics of the Stand-Alone Trigger

Posted on June 22, 2010
Lea Brilmayer (Yale Law School) and Raechel Anglin (Bingham McCutchen LLP) have published Choice of Law Theory and the Metaphysics of the Stand-Alone Trigger in the latest issue of the Iowa Law Review. This Article provides a novel account for the choice of law revolution of the 1960s and 1970s and, building on our new conceptualization [...

Nebraskan defamation law to be challenged under the South African Constitution

Posted on June 19, 2010
The recent decision of the Eastern Cape High Court in Grahamstown (South Africa) in Burchell v Anglin 2010 3 SA 48 (ECG) deals with cross-border defamation in a commercial context. The plaintiff (who runs a game reserve and a hunting safari business in the vicinity of Grahamstown) alleged that the defendant made defamatory statements about [...

Conflict between the Marine Insurance Act 1906 (UK) and South African insurance legislation

Posted on June 18, 2010
In Lloyd?s v Classic Sailing Adventures (Pty) Ltd 2010 ZASCA 89 (31 May 2010) (available from www.justice.gov.za/sca) the South African Supreme Court of Appeal held that sections 53 and 54 of the South African Short-Term Insurance Act 53 of 1998 are rules of immediate application that cannot be excluded by a choice of law...

American Society of International Law Call for Proposals

Posted on June 16, 2010
Many of our readers will be interested to know that the American Society of International Law is looking for proposals for its Annual Meeting program. Here is the announcement: “ASIL welcomes ideas from its members for the 105th Annual Meeting program, Harmony and Dissonance in International Law...

Belgian Book on International Family Law

Posted on June 16, 2010
A Belgian book on International Family Law (Relations familiales internationales – L’actualité vue par la pratique) was recently published by Anthemis publishers. This book which is the result of the joint efforts of 5 young authors who combine academic expertise with practical experience of international family law disputes, takes a practical approach to the most common [...

Court of Appeal for Ontario Rejects ?Fourth Defence? to Enforcement of Foreign Judgments

Posted on June 15, 2010
The long-running litigation between the United States and a group of defendants who operated a cross-border telemarketing business selling Canadian and foreign lottery tickets to Americans has reached another mile-post with the decision of the Court of Appeal for Ontario in United States of America v...

French Conference on Choice of Law after Rome I

Posted on June 14, 2010
The University of Dijon will host a conference on Choice of Law in International Contracts under the Rome I Regulation (Le règlement communautaire « Rome 1 » et le choix de loi dans les contrats internationaux) on September 10th and 11th, 2010. Speakers will be mostly French academics, but will also include some practitioners and a few academics [...

Iceland authorizes same sex marriages

Posted on June 12, 2010
The Icelandic Parliament (Althingi) approved yesterday by 49 votes to none against a law that allows marriage between same sex partners. The so called rule of “neutral marriage ” means the end of the rules on partnerships, existing since 1996...

First 2010 Special Issue of Gazette du Palais on International Litigation

Posted on June 12, 2010
The last issue of French daily legal journal Gazette du Palais dedicated to european and international litigation (Contentieux judiciaire européen et international) was released on May 29th, 2010. In a first piece, Marie-Laure Niboyet and Mathias Audit, who are both professors at Paris X Nanterre University discuss the recent decisions rendered by French courts in the Vivendi case (L’affaire Vivendi [...

European proposals on PIL and its impact on interregional law

Posted on June 10, 2010
The most recent EU Proposals on Private International Law (on the one hand, the Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession, COM(2009) 154 final, and [...

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