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Conflict of Laws Conflict of Laws

In association with the Journal of Private International Law

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Reminder: Conference on Party Autonomy in Property Law

Posted on May 03, 2010
On 27 and 28 May 2010 a conference on Party Autonomy in Property Law, organized by Erasmus School of Law and Leiden University (the Netherlands), will be held at the Erasmus University Rotterdam, the Netherlands. Leading specialists will present their views on diverse aspects of international property law...


Preliminary question Dutch Court on Art. 45 Brussels Regulation

Posted on May 03, 2010
In a case concerning the enforcement of a Belgian judgment in the Netherlands, between Prism Investments BV v. J.A. van der Meer qq Arilco Holland BV, the Dutch Supreme Court (HR 12 March 2010, LJN BK4932, 08/04424) referred the following question regarding Art...


Abusive Forum Shopping?

Posted on May 03, 2010
On April 28th, 2010, the Paris Court of Appeal dismissed the claim of Vivendi that its shareholders had abused their right to sue by initiating a class action against the company in New York, and thus dismissed the appeal lodged by Vivendi against the first instance judgment...


Mari and Pretelli on Choice-of-Court Agreements, Lis Pendens and Torpedo Actions

Posted on April 30, 2010
Luigi Mari is professor of private international law and Ilaria Pretelli, Ph. D. Université Panthéon-Assas, is research fellow in private international law at the Carlo Bo University of Urbino. Both are members of the Group Galileo supported by the Université franco-italienne...


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Conference in Oslo ? Choice of law on arbitration

Posted on April 29, 2010
A conference followed by a seminar on choice of law clauses and arbitration will take place next week in Oslo on Tuesday 6 and Friday 7 May. The conference is organised by a research project run by prof. Giuditta Cordero Moss (Oslo) at the Oslo university on the impact of choice of law on arbitration and [...


The New Chinese Tort Law: Conflict Rules on Tort Untouched

Posted on April 28, 2010
I am grateful to Fang Xiao, a postdoctoral fellow and lecturer at the Renmin University School of Law in Beijing, for contributing this report. The Tort Law of the People?s Republic of China was adopted at the 12th session of the Standing Committee of the Eleventh National People?s Congress on December 26, 2009 and promulgated on the [...


Belgian Judgment on Surrogate Motherhood

Posted on April 27, 2010
A lower court sitting in Belgium has recently been faced with a case of international surrogate motherhood. Two men married in Belgium had contracted with a woman living in California, who gave birth to twins in December 2008. One of the men was the biological father of the twins...


Regulation EC nº 4/2009, Art. 40

Posted on April 25, 2010
Article 40 Invoking a recognised decision 1. A party who wishes to invoke in another Member State a decision recognised within the meaning of Article 17(1) or recognised pursuant to Section 2 shall produce a copy of the decision which satisfies the conditions necessary to establish its authenticity...


Summer Academy on International Dispute Resolution

Posted on April 23, 2010
The Heidelberg Center for International Dispute Resolution in cooperation with the International Chamber of Commerce (ICC) and the German Institution of Arbitration (DIS) will hold its 7th Summer Academy on International Dispute Resolution at the University of Heidelberg, Germany, from 16 to 19 June 2010...


Nonrecognition of Foreign Defamation Judgments

Posted on April 23, 2010
In recent years, there has been much debatein Congress and in the several states concerning what effect foreign judgments should be given by United States courts that do not comport with the First Amendment to the United States Constitution.  In such cases of “libel tourism,” a plaintiff chooses to sue for defamation in a foreign state that [...


Two New Books

Posted on April 23, 2010
Two new books on private international law have recently been published in Canada. The first is a new textbook: Stephen G.A. Pitel & Nicholas S. Rafferty, Conflict of Laws (Toronto: Irwin Law Inc., 2010).  Though I say it myself, for those in other countries this book should serve as a useful comparative reference to the Canadian [...


New Book: Foreign Currency Claims in the Conflict of Laws

Posted on April 23, 2010
Hart Publishing has published the second title in its Studies in Private International Law series, Foreign Currency Claims in the Conflict of Laws by Professor Vaughan Black of the Schulich School of Law at Dalhousie University.  More information is available here...


Commission?s Timetable for 2010-2014

Posted on April 22, 2010
The Commission has just published its Action Plan implementing the Stockholm Programme. It contains a timetable of the Commission’s actions until 2014. Here are those regarding conflict issues (if I did not miss any): Legislative Proposals 2010 - Legislative Proposal for the revision of Regulation (EC) No 44/2001 on jurisdiction, recognition and enforcement of judgments in civil and [...


European Commission Plan for 2010-2014

Posted on April 21, 2010
The European Commission has published yesterday its plan to deliver justice, freedom and security to citizens in the next four years. Here are 3 of the 10 concrete actions included in the plan which will be of interest for readers of this blog: 4. More legal certainty for international marriages Following an EU proposal to allow international couples to choose which [...


Gaudemet-Tallon on Jurisdiction and Judgments

Posted on April 20, 2010
The much awaited fourth edition of Professor Gaudemet-Tallon’s authoritative work on the European law of jurisdiction and judgments has just been published. It is the leading French text on the topic. It only deals with civil and commercial matters, i...


Borchers on Punitive Damages

Posted on April 19, 2010
Patrick J. Borchers, who is the Dean of Creighton University School of Law, has posted Punitive Damages, Forum Shopping and the Conflict of Laws on SSRN. The abstract reads: Few issues have as profound an impact on civil litigation as the availability and dimensions of punitive damages...


EU Ratifies 2007 Hague Protocol

Posted on April 16, 2010
The Hague Conference reports that the European Union has signed and ratified the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations on April 8th. The EU is the first member to ratify. Article 25 of the Protocol provides that two ratifications are necessary for the Protocol to enter into force...


ERA Conference on Cross-Border Insolvency

Posted on April 15, 2010
On May 20-21, 2010, the Academy of European Law will host a conference on Cross-Border Insolvency Proceedings in the EU in Trier. The objective of this conference is to meet the requirements of insolvency lawyers to stay informed on the latest developments in legislation, jurisprudence and best practice in this field...


Childress on Comity as Conflict

Posted on April 12, 2010
Trey Childress, who teaches at Pepperdine University School of Law, has posted Comity as Conflict: Resituating Comity as Conflict of Laws on SSRN. Here is the abstract: This Article seeks to resituate international comity as a conflict of laws doctrine...


Act of state doctrine, the Moçambique rule and the Australian Constitution in the context of alleged torture in Pakistan, Egypt and Guantanamo Bay

Posted on April 09, 2010
In Habib v The Commonwealth [2010] FCAFC 12, a Full Court of the Federal Court of Australia considered whether the applicant?s claim against the Commonwealth for complicity in alleged acts of torture committed on him by officials of the governments of Pakistan, Egypt and the United States was precluded by the act of state doctrine...


2010 Summer Seminar in Urbino

Posted on April 09, 2010
The city of Raffaello and Federico da Montefeltro will host its 52nd Summer Seminar of European Law in August 2010. Courses, most of which concerning European private international law, will be taught in French, Italian and English by professors coming from Italy (Tito Ballarino, Luigi Mari, Dante Storti, etc...


Journal of Private International Law, 2010, Vol 6(1)

Posted on April 07, 2010
The April 2010 (Vol 6, Number 1) issue of the Journal of Private International Law is now out, and contains the following articles (links to abstracts on IngentaConnect included): Cross-Border Assignments under Rome I (Verhagen, Hendrik L.E.; van Dongen, Sanne) Choice of Law in International Contracts in Latin American Legal Systems (Albornoz, María [...


Trans-Tasman Proceedings Law Reform

Posted on April 07, 2010
Readers involved in Trans-Tasman Australian or New Zealand practice will be interested to know that the Trans-Tasman Proceedings Bill 2009 has been passed by the Australian Parliament. The legislation implements the Agreement between the Government of Australia and the Government of New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement, signed on 24 July 2008...


Suing the Pope?

Posted on April 05, 2010
Can the Pope be sued? Does he enjoy an immunity? As a head of state? But is the Holy See a State? It seems that it is seriously envisaged to initiate proceedings in England against him for allegedly covering up sexual abuses by priests. See this post of Julian Ku at opiniojuris, and more specifically the comments...


Switzerland to Apply Lugano Convention in 2011

Posted on April 04, 2010
Switzerland has announced its willingness to apply the 2007 Lugano Convention on jurisdiction and judgments starting January 1st, 2011. The Swiss Ratification and Implementation Act was adopted by the parliament on 11 December 2009. In accordance with a decision of the Swiss Federal Council of 31 March 2010 , the Convention will now be ratified with effect [...


MPI Comments on the Proposal for a Regulation in Succession Matters

Posted on March 30, 2010
The Max Planck Institute for Comparative and International Private Law (Hamburg) has published its comments on the European Commission’s 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 [...


Publication: Galgano & Marrella, Diritto e Prassi del Commercio Internazionale

Posted on March 29, 2010
Prof. Francesco Galgano (emeritus in the University of Bologna Law School and founder of Galgano Law Firm) and Prof. Fabrizio Marrella (“Cà Foscari” University of Venice) have recently published “Diritto e Prassi del Commercio Internazionale” (CEDAM, 2010), vol...


Washington Declaration on Intl Family Relocation

Posted on March 28, 2010
Last week, the Hague Conference on Private International Law and the International Centre for Missing and Exploited Children organized an international judicial conference in Washington DC on cross-border family relocation. The opening remarks of the president of the Centre can be found here...


Anti-suit injunctions, again and again

Posted on March 26, 2010
On Thursday, 18 March 2010, the weblog of the Journal of Intellectual Property Law and Practice published a piece of news under the title “Exclusive jurisdiction clauses and antisuit injunctions”, on a new English case on anti-suit injunctions under the Brussels Regulation (the “other” State being a third State)...


Commission?s Proposal on Applicable Law to Divorce

Posted on March 25, 2010
Yesterday, the European Commission announced that it was releasing its proposal for a Regulation laying down choice of law rules in divorce matters. For the time being, however, only a press release and a memo are available on the site of the Commission...


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