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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

Extraterritorial Application of U.S. Laws

Posted on March 24, 2010
See this post of Roger Alford on a recent case of the Eleventh Circuit regarding the U.S. Child Sex Trafficking Laws. Related posts:Narrowing the Extraterritorial Reach of U.S. Patent Laws: Cardiac Pacemakers Inc. v. St. Jude Medical Inc. In a follow-on development from a 2007 U...

Hess and Mourre on the Arbitration Exception

Posted on March 23, 2010
See the rejoinder of Alexis Mourre here. Related posts:Hess’ Response to Mourre Burkhard Hess has posted at the Kluwer Arbitration Blog a... Mourre on Hess’ Guest Editorial Alexis Mourre has posted a response to Burkhard Hess’ Guest...

Conference ´Civil Litigation in a Globalizing World´

Posted on March 22, 2010
On 17 and 18 June 2010, the Schools of Law of Erasmus University Rotterdam and the University of Maastricht (the Netherlands) will jointly organize a conference devoted to the subject ?Civil Litigation in a Globalizing World; a Multidisciplinary Perspective?...

On Regulation (EC) no 2201/2003, art. 20

Posted on March 20, 2010
Among ECJ decisions on Regulation (EC) no. 2201/03, there are already two, both of 2009, affecting art. 20; and another one is pending – aff. 256/09. Such situation highlights the importance of an article which has not yet been paid the attention it deserves: perhaps because much interest has already been given to its antecedent [...

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Publication: Briggs & Rees, Civil Jurisdiction and Judgments (5th edn)

Posted on March 19, 2010
Just in case you have not already ordered your copy, or one for your library, the 5th edn (2009) of Briggs & Rees, Civil Jurisdiction and Judgments is available. Insofar as there is blurb available, here it is: The new edition has been thoroughly updated to include: Major decisions of the European Court on the Brussels I [...

French Case on Foreign Mandatory Rules

Posted on March 19, 2010
There are very few cases ruling on the application of foreign internationally mandatory rules (lois de police). Readers of this blog should therefore be interested by this recent decision of the French Cour de cassation discussing the application of a mandatory law of Ghana to a contract governed by French law...

Publication: Fentiman on International Commercial Litigation

Posted on March 16, 2010
Richard Fentiman’s treatise on International Commercial Litigation (OUP, 2010) is now out. The blurb: The legal framework of cross-border commercial disputes is important and complex in practice, but it is increasingly difficult to discern the subject’s structure and assumptions...

French Conference on the Lisbon Treaty

Posted on March 15, 2010
The Seminar of European Law of the University of Urbino will host a conference on the Impact of the Lisbon Treaty on Private International Law (L’entrée en vigueur du Traité de Lisbonne et le droit international privé) on March 27th in Paris. The main speaker will be Didier Boden, who lectures at Paris I University...

Design Tweaks

Posted on March 15, 2010
In an effort to speed up the blog, I have tweaked the design. Most notably, the ‘asides’ category in the second menu column has disappeared (all those posts can now be found in the main post area with all the others), as indeed has the second menu column itself...

Brussels I Review: Responses to the Commission?s Green Paper

Posted on March 12, 2010
The contributions received by the European Commission in response to the Green Paper on the review of the Brussels I reg. (published in April 2009 together with the Commission’s report on its application: see our post here) have been recently published on the DG FSJ website...

Burkhard Hess has posted at the

Posted on March 12, 2010
Burkhard Hess has posted at the Kluwer Arbitration Blog a response to Alexis Mourre’s post which had been a reaction to Burkhard Hess’ Guest Editorial on the question whether arbitration and European procedural law should be separated or coordinated...

Today, the ECJ delivered its judgment

Posted on March 11, 2010
Today, the ECJ delivered its judgment in case C-19/09 (Wood Floor Solutions): Art. 5 (1) (b) second indent Brussels I is applicable in the case where services are provided in several Member States. See also our previous posts on the AG opinion and the reference...

Fourth Issue of 2009?s Revue Critique de Droit International Privé

Posted on March 11, 2010
The last issue of the Revue critique de droit international privé was just released. It contains two articles and several casenotes. The first article is authored by Caroline Kleiner, who teaches at the Faculty of Law of Geneva University. It is a study of Interest in Private International Law (Les intérêts de somme d’argent en droit [...

2007 Lugano Convention in Force

Posted on March 09, 2010
The 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters entered into force between the Member States of the European Union (including Danemark) and Norway on January 1st, 2010. Article 69(4) of the new Lugano Convention provides: The Convention shall enter into force on the first day of the sixth [...

ECJ: Distinction between ?Sale of Goods? and ?Provision of Services? in Terms of Art. 5 (1) (b) Brussels I (Car Trim)

Posted on March 08, 2010
On 25 February, the ECJ delivered its judgment in case C-381/08 (Car Trim). The Bundesgerichtshof had referred the following questions to the ECJ for a preliminary ruling: (1) Is Article 5(1)(b) of Council Regulation No 44/2001 to be interpreted as meaning that contracts for the supply of goods to be produced or manufactured are, notwithstanding specific requirements on [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (2/2010)

Posted on March 06, 2010
Recently, the March/April issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was published. This issue contains some of the papers presented at the Brussels I Conference in Heidelberg last December. The remaining papers will be published in the next issue...

?The ECJ and the end of the law?

Posted on March 04, 2010
The Autonomous University of Barcelona is organizing a Seminar of Professors under the suggestive title “The ECJ and the end of the law”. The meeting will gather professors of several disciplines – Labor law, Financial Law, International public and private Law-, in order to discuss some of the most controversial decisions of the Court of Luxembourg...

Mourre on Hess? Guest Editorial

Posted on March 04, 2010
Alexis Mourre has posted a response to Burkhard Hess’ Guest Editorial on whether Arbitration and European Procedural Law should be Coordinated or Separated at the Kluwer Arbitration Blog. Related posts:Guest Editorial: Hess, Should Arbitration and European Procedural Law be Separated or Coordinated? Prof...

Kessedjian on Arbitration and Brussels I

Posted on March 04, 2010
Catherine Kessedjian, who teaches at the European College of Paris (University Paris 2), has published in the last issue of the French Revue de l’arbitrage an article on Arbitration and the Brussels I Regulation (Le Règlement 44/2001 et l’arbitrage)...

Parrish on Duplicative Foreign Litigation

Posted on March 02, 2010
Austen L. Parrish, who teaches at Southwestern Law School, has published Duplicative Foreign Litigation in the last issue of the George Washington Law Review. The abstract reads: What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of [...

New edition of leading Australian text on private international law

Posted on March 01, 2010
The eighth edition of Nygh’s Conflict of Laws in Australia has recently been published. It is the leading text on private international law in Australia. The last edition was published in 2002. The eighth edition is the first to be published since the death of Peter Nygh in that same year...

Post Doctoral Position in Brussels

Posted on February 28, 2010
The Unit of Private International Law of the Université Libre de Bruxelles (ULB) will recruit a post doctoral researcher in Private International Law, starting in September 2010, for a duration of 12 to 18 months. The researcher will work on a project funded by the European Commission on Judicial Cooperation in Matters of Market Integration and Consumer Protection...

Wasserman on Transnational Class Actions

Posted on February 26, 2010
Rhonda Wasserman, who teaches at the University of Pittsburgh School of Law, has posted Transnational Class Actions and Interjurisdictional Preclusion on SSRN. Here is the abstract: As global markets expand and trans-border disputes multiply, American courts are pressed to certify transnational class actions – i...

UK?s Ministry of Justice Publishes Guidance on the Rome I Regulation

Posted on February 24, 2010
Yes, there are already at least two specialist works on the Rome I Regulation, but that has not stopped the UK’s Ministry of Justice from producing guidance on the main provisions anyway. Here’s their reasoning: The purpose of this guidance is to provide a brief summary of the most important provisions in the Regulation...

French Conference on Private Military Contractors

Posted on February 23, 2010
The Faculty of law of the University of Clermont-Ferrand will host a conference on Private Military and Security Companies on 4 and 5 March 2010. Speakers will include legal scholars, political scientists and a variety of actors of international humanitarian law...

International Antitrust Litigation ? Brussels Conference

Posted on February 22, 2010
A full-day conference, entitled “International Antitrust Litigation – Conflict of Laws and Coordination” has been organised by Jürgen Basedow (Max Planck Institut, Hamburg), Stéphanie Francq (Chair of European Law, UC Louvain) and Laurence Idot (Paris II, collège européen)...

Fourth Complutense Seminar on Private International Law

Posted on February 20, 2010
On 11 and 12 March, 2010, a new edition (the fourth) of the Private International Law Seminar organized by Prof. Fernández Rozas and De Miguel Asensio will take place in Madrid . This Seminar, which has proven to be one of the most important and successful in the area of Private International Law in Spain both by the extent [...

Publication: Intellectual Property in the Conflict of Laws

Posted on February 19, 2010
There is a new book on intellectual property and conflict of laws, written by Sierd J. Schaafsma: Here is the summary: The interface between intellectual property and conflict of laws is a notorious difficult subject. A recent study puts the subject in a new light...

Foreign Law and Public Policy in Australia

Posted on February 19, 2010
A recent case in the Supreme Court of Victoria provides a good opportunity to point out the new statutory provisions in the State of Victoria for the proof of foreign law, and to discuss the public policy reasons for the non-enforcement of foreign law...

Book Reviews, Criminal Libel, and the Jurisdiction of French Courts

Posted on February 18, 2010
What are the risks of facing a criminal trial in France after writing an academic book review in English? You may think that if the book was written in English by a scholar who neither lives nor works in France, and if the reviewer is himself neither French, nor living or working in France, that could [...

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