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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

International Conference in Verona

Posted on February 17, 2010
The Verona University School of Law will host a conference titled Conflict of Laws in International Commercial Arbitration The conference will take place from 18-20 March 2010 in Verona and will cover in particular the following topics: conflict of law questions concerning arbitration agreements jurisdiction of arbitral tribunals the law applicable to the merits arbitration procedure There is no registration fee, [...

Reformulating a Real and Substantial Connection

Posted on February 16, 2010
In Canada, the test for taking jurisdiction over an out-of-province defendant requires that there be ?a real and substantial connection? between the dispute and the forum. In 2002 the Court of Appeal for Ontario created a framework for analyzing a real and substantial connection, setting out, in Muscutt v...

Guest Editorial: Hess, Should Arbitration and European Procedural Law be Separated or Coordinated?

Posted on February 14, 2010
Prof. Burkhard Hess is Professor at the University of Heidelberg and judge at the Court of Appeals in Karlsruhe. All views expressed in this paper are the personal views of the author. An enlarged version of this article is going to be published in the Cahier de l?Arbitrage 2010...

First Issue of 2010?s Journal du Droit International

Posted on February 11, 2010
The first issue of French Journal du droit international (Clunet) for 2010 was just released. It includes three articles, but one only on private international law. It is authored by Isabelle Barrière Brousse, who lectures at Aix Marseille University, and discusses the Impact of the Lisbon Treaty on Private international law (Le traité de Lisbonne et le droit [...

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French Case on Law Governing Ownership of Paintings

Posted on February 08, 2010
On February 3rd, 2010, the French Cour de cassation delivered a judgment on choice of law in personal property matters. This is only the fourth time the Court has directly addressed the issue in the last hundred years. In 2000, a French born painter living in New York city had provided the defendant with 7 of his paintings...

Swiss Institute of Comparative Law: Programme of the Conference on the EU?s Proposal on Succession

Posted on February 07, 2010
As we anticipated in a previous post, on Friday, 19th March 2010, the Swiss Institute of Comparative Law (ISDC) will host the 22nd Journée de droit international privé, organised in collaboration with the University of Lausanne (Center of Comparative Law, European Law and International Law – CDCEI)...

Conference on Party Autonomy in Property Law

Posted on February 05, 2010
On 27 and 28 May 2010 a conference on Party Autonomy in Property Law, organized by Erasmus School of Law and Leiden University, will be held at the Erasmus University Rotterdam, the Netherlands. In international trade practice, the question often arises as to whether party autonomy or, more specifically, a choice of law possibility in matters [...

RELEASE OF LAST ISSUE OF DeCITA (vol. 11)

Posted on February 04, 2010
DeCITA 11 (2009) on international insolvency (Insolvencia internacional) Release of the last issue of DeCITA (derecho del comercio internacional ? temas y actualidades), the leading law journal on international commercial law and private international law in Latin America...

Dallah, Renvoi and Transnational Law

Posted on February 03, 2010
In December, three members of the UK Supreme Court granted leave to appeal in Dallah v. Pakistan. The case concerns the enforcement of an ICC arbitral award in the UK. In a nutshell, the Ministry of Religious Affairs of Pakistan had negotiated with Saudi company Dallah a contract whereby Dallah would provide services (building accomodation in particular) for Pakistani pilgrims [...

Annual Survey of French PIL of E-Commerce

Posted on January 28, 2010
For several years, Professor Marie-Elodie Ancel (Paris Est Creteil Val de Marne University, formerly Paris 12) has published an annual survey on French private international law of E-commerce in the French monthly law review Communication, Commerce Electronique...

BIICL event: Private International Law ? Challenges for Today?s Markets

Posted on January 26, 2010
The British Institute of International and Comparative Law (BIICL) hosts an event titled ?Private International Law – Challenges for Today’s Markets? as part of the Herbert Smith Private International Law Seminar Series at the BIICL. What is this event about? This conference shall offer a platform to exchange views of different industry sectors on current Private [...

Books and Articles on Private International Law

Posted on January 26, 2010
Our readers will be interested to see that Dean Symeon Symeonides has compiled a list of books and articles published on the topic of private international law in the past year. See here for the list. Related posts:Symeonides: Result-Selectivism in Private International Law Symeon C...

Maher v Groupama Grand Est: Law Applicable to Direct Action Against Insurer

Posted on January 25, 2010
This post was written by Mrs Jenny Papettas, a PhD Candidate and Postgraduate Teaching Assistant at the University of Birmingham. The Court of Appeal delivered its judgment in the case of Maher v. Groupama Grand Est. on 12 November 2009, upholding both the decision and reasoning of Blair J...

Haiti Earthquake and Intercountry Adoption

Posted on January 23, 2010
The Secretariat of the Hague Conference has posted an Information Note to States and Central Authorities on the Haiti Earthquake and Intercountry Adoption of Children on its website. Related posts:Germany: New Central Authority For International Child Abduction and Adoption Cases Since 1 Januar 2007, Germany has a new authority...

ERA Conference on European Contract Law

Posted on January 20, 2010
Much debated issue of harmonisation of the European contract law by means of the Common Frame of Reference is topic of the ERA conference taking place on 18 and 19 March 2010 in Trier, Germany. More precisely, the conference titled “European Contract Law: EU Consumer Law Revision and the CFR...

Are We Witnessing the Demise of Alien Tort Statute Litigation?

Posted on January 20, 2010
Over the past few months, various US federal courts have handed down opinions that may presage a more limited role for the Alien Tort Statute in US litigation. The Alien Tort Statute provides US district courts with original jurisdiction over “any civil action by an alien for a tort only, committed in violation of the [...

Choice of Law in American Courts 2009

Posted on January 20, 2010
Once again, Dean Symeon Symeonides has compiled his annual choice of law survey. Here is the abstract: “This is the Twenty-Third 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 students [...

Australian article round-up

Posted on January 19, 2010
At the beginning of a new year, readers may be interested in the following Australian articles, which were published throughout last year and escaped a post at the time: Chief Justice Spigelman, ?The Hague Choice of Court Convention and International Commercial Litigation? (2009) 83(6) Australian Law Journal 386 Chief Justice Spigelman, ?Cross-border insolvency: Co-operation or conflict?” (2009) [...

Fraudulent alienation of foreign immovables and the Moçambique rule in the Western Australian Court of Appeal

Posted on January 19, 2010
Singh v Singh (2009) 253 ALR 575; [2009] WASCA 53, in the Western Australian Court of Appeal, was a dispute between two brothers, both resident in Western Australia. One, the plaintiff, claimed that the alienation by the other, the defendant, of real estate in Malaysia was made with the intent to defraud creditors, within the [...

German Judgment on Rome II

Posted on January 17, 2010
Even though the decision is not really new anymore and the case has been discussed already – at least with regard to certain aspects concerning the temporal scope of Rome II – it might still be worth mentioning since it is the first judgment of the German Federal Court of Justice (Bundesgerichtshof, BGH) applying the [...

AG Opinion on Art. 5 No. 1 (b) Brussels I

Posted on January 16, 2010
As pointed out already in the “asides category”, on 12 January 2010 AG Trstenjak’s opinion in case C-19/09 (Wood Floor Solutions) on Art. 5 No. 1 Brussel I has been published. Since the opinion is not available in English (yet), here’s a short summary: The case concerns basically the questions, whether Art...

AG Opinion in Wood Floor

Posted on January 15, 2010
The AG’s Opinion in C-19/09 Wood Floor Solutions is available, but not (yet) in English. See Veronika’s post on the original reference for the questions posed as to the interpretation of Art 5(1)(b) Brussels I where services are provided in multiple Member States...

Abbott v. Abbott Argument Round-Up

Posted on January 15, 2010
The Supreme Court of the United States heard argument in Abbott v. Abbott this past week. Abbott is the rare family-law case before the Supreme Court involving an American child taken to Texas from his home in Chile by his mother, without his father’s consent...

Antisuit Injunction Denied by French Court

Posted on January 14, 2010
Yesterday, the Paris first instance court (Tribunal de grande instance) has denied an antisuit injunction in the high profile Vivendi case. In July 2002, shareholders of Vivendi Universal brought a securities fraud class action before a U.S. Court in New York against the company and two of its formers officers, Jean-Marie Messier and Guillaume Hannezo...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (1/2010)

Posted on January 13, 2010
Recently, the January issue of the German law journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was published. It contains the following articles/case notes (including the reviewed decisions): Heinz-Peter Mansel/Karsten Thorn/Rolf Wagner: “Europäisches Kollisionsrecht 2009: Hoffnungen durch den Vertrag von Lissabon” – the English abstract reads as follows: This article provides an overview on the developments in Brussels [...

Recent ECJ Judgment and References on Brussels I and Brussels II bis

Posted on January 08, 2010
I. Judgment on Brussels II bis On 23 December 2009, the ECJ delivered its judgment in case C-403/09 PPU (Jasna Deticek v Maurizio Squeglia). The case, which was decided under the urgent preliminary ruling procedure, concerns the interpretation of Art...

ERA conference on cross-border successions in the EU

Posted on January 07, 2010
The forthcoming ERA conference on cross-border successions is designed to cover the recent developments in the drafting and negotiating the Proposal for a Regulation 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...

Dutch Articles on the Rome I Regulation

Posted on January 06, 2010
The last issue of the Dutch review of private international law (NIPR Nederlands internationaal privaatrecht) includes several articles on the Rome I Regulation, including four in English. Michael Bogdan (Lund University): The Rome I Regulation on the law applicable to contractual obligations and the choice of law by the parties The Rome Convention of 19 June 1980 on the Law [...

18th International Congress of Comparative Law: Washington D.C.

Posted on January 05, 2010
On July 25 through August 1, 2010, the 18th International Congress of Comparative Law will be held at the Ritz-Carlton Hotel in Washington D.C. Sponsored by the International Academy of Comparative Law and the American Society of Comparative Law, it will be jointly hosted by American University Washington College of Law, George Washington University [...

Publication ? Electronic Consumer Contracts in the Conflict of Laws

Posted on January 04, 2010
Hart Publishing has kicked off its new Studies in Private International Law series with Zheng Sophia Tang’s excellent Electronic Consumer Contracts in the Conflict of Laws (2009). It is based upon Sophia’s PhD thesis, completed at the University of Birmingham in 2007...

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