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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

C-14/08 Roda Golf v Beach Resort

Posted on June 26, 2009
The service of a notarial act, in the absence of legal prcoeedings, falls within the scope of the judicial and extrajudicial documents Reg (EC 1348/2000) according to the ECJ in C-14/08 Roda Golf. Related posts:AG opinion on Roda Golf (Regulation Nº 1348/00) On OctobSpanish Reference for a Preliminary Ruling on the Service Regulation The SpaniComity and the [...

Publication: Collection of Hague Conventions

Posted on June 24, 2009
Intersentia have recently published Recueil des Conventions / Collection of Conventions (1951-2009), edited by the Hague Conference. The blurb: This eighth edition of the Collection of Conventions of the Hague Conference contains the most important multilateral treaties entered into under the auspices of the Hague Conference on Private International Law, which has been working on the [...

Brussels I Review ? Illmer and Steinbruck on the Interface Between Brussels I and Arbitration

Posted on June 24, 2009
Martin Illmer and Ben Steinbrück are research fellows at the Max Planck Institute for Comparative and International Private Law, Hamburg. They have both published in the area of international arbitration (including their Ph.D. theses). In our brief discussion of the interface between Regulation (EC) No 44/2001 (Brussels I) and arbitration we will focus on the proposals [...

Brussels I Review ? Jonathan Hill

Posted on June 22, 2009
Jonathan Hill is Professor of Law at the University of Bristol. He is the author of Cross-Border Consumer Contracts (OUP 2008), The Conflict of Laws (with CMV Clarkson, 3rd edn, OUP 2006), International Commercial Disputes in English Courts (Hart 2005) and is a former editor of Dicey...

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Second Issue of 2009?s Journal du Droit International

Posted on June 19, 2009
The second issue of French Journal du Droit International (also known as Clunet) has just been released. It contains seevral articles dealing with conflict issues. The author of the first is Anne-Sylvie Courdier-Cuisinier, who lectures at the University of Burgundy...

Brussels I Review ? Loose Ends

Posted on June 18, 2009
The final question in the Commission’s Green Paper (which, incidentally, deserves praise for its concise and focussed presentation of the issues), covers other suggestions for reform of the Regulation’s rules not falling under any of the previous headings...

Brussels I Review ? Interface with Arbitration

Posted on June 17, 2009
The Brussels I Regulation’s interface with arbitration vies with choice of court agreements as the topic within the Commission’s review having the greatest potential impact on the negotiation and efficient implementation of commercial transactions...

Brussels I Review ? Lis Pendens and Related Actions

Posted on June 15, 2009
The fifth topic considered in the Green Paper concerns possible adjustments to the lis pendens rules in Arts. 27 and following of the Brussels I Regulation (excluding aspects specifically related to choice of court agreements). In the Commission’s view: With respect to the general operation of the lis pendens rule, it should be reflected whether the current [...

European Commission: Evaluation of the Hague Programme (and Priorities for the Future Stockholm Programme)

Posted on June 13, 2009
On 10 June 2009 the European Commission presented two communications to the Parliament and the Council, evaluating the 2005 Hague Programme and Action Plan (the second multi-annual policy framework for the Area of Justice, Freedom and Security, after the one adopted in 1999 in Tampere) and setting out the priorities for the future Stockholm Programme, [...

Brussels I Review - Provisional Measures

Posted on June 12, 2009
The next topic considered in the Green Paper is the treatment of provisional and protective measures under the Regulation. In the Commission’s view: The report describes several difficulties with respect to the free circulation of provisional measures...

Brussels I Review - Intellectual Property

Posted on June 11, 2009
The Commission’s fourth question concerns the Regulations treatment of litigation concerning intellectual (industrial) property rights. In its Green Paper, the Commission comments: The possibility to effectively enforce or challenge industrial property rights in the Community is of fundamental importance for the good functioning of the internal market...

Brussels I Review - Choice of Court Agreements

Posted on June 10, 2009
Among the issues raised by the Green Paper, those concerning the treatment of choice of court agreements raises are, almost certainly, the most difficult and controversial. In considering possible reforms, a balance must be struck between the advantages, both commercial and in terms of promoting legal certainty, of supporting party autonomy in matters of jurisdiction, [...

Brussels I Review - The Wider International Picture

Posted on June 09, 2009
The second topic discussed in the Commission’s Green Paper raises more fundamental questions concerning the treatment under EC law of situations having a material connection with one or more States outside the EC (excluding, for these purposes, the other Contracting States to the Lugano Convention) , including questions of (1) jurisdiction of a Member State [...

Brussels I Review - The Abolition of Exequatur?

Posted on June 08, 2009
This is the first of a series of posts soliciting comment on the proposals for reform of the Brussels I Regulation in the Commission’s recent Report and Green Paper. It concerns the possible abolition of all intermediate measures to recognise and enforce judgments (exequatur)...

Brussels I Review - Online Focus Group

Posted on June 08, 2009
Many will, by now, have had the opportunity to consider the Commission’s Report and Green Paper on the review of the Brussels I Regulation, if not also the detailed Studies by Professors Hess, Pfeiffer and Schlosser and Nuyts, on which they were based...

The Results of the JHA Council (4-5 June 2009): Bilateral Agreements with Third Countries in PIL matters and Common Frame of Reference (CFR)

Posted on June 06, 2009
On 4 and 5 June the Justice and Home Affairs Council held its 2946th session in Luxembourg, the last one under the Czech Presidency. Among the ?Justice? issues, discussed on Friday 5th, two main points are of particular importance as regards the development of European private law and private international law...

Conference: Enlargement of the European Judicial Area to the CEFTA Countries

Posted on June 05, 2009
This year, the traditional private international law conference in the South Eastern Europe is hosted by the Faculty of Law of the University of Novi Sad, Serbia. Focusing primarily on the topics related to the enlargement of the European Judicial Area to the CEFTA countries, this conference will also address the newest developments in private [...

Dickinson: Rome II Regulation Monograph Supplement, and our New Consultant Editor

Posted on June 04, 2009
Scholarly writings on the new Rome II Regulation have continued to pour in from all Member States, and the ECJ?s recent case law on other civil justice instruments (particularly the Brussels I Regulation) has also addressed issues of relevance to Rome II...

The New Solicitor General and Private International Law Cases: 2008 Term Round-Up

Posted on June 02, 2009
Elena Kagan, the new Solicitor General of the United States, had a few notable private international law cases on her desk when she arrived at her new job this past March. By then, the Court had invited the views of the Solicitor General in the first Hague Convention case to garner serious attention since [...

Forum Shopping before International Tribunals

Posted on May 28, 2009
As the number of international tribunals increases, the issue of forum shopping is begining to arise quite frequently in public international law. How should it be handled? Are doctrines of private international law useful? If so, which one? It seems that the most common practice, and received wisdom, is to apply the doctrine of lis pendens...

United States Congress Considering Legislation Relating to Foreign Defendants

Posted on May 26, 2009
On May 19, 2009, the United States Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts held a hearing entitled “Leveling the Playing Field and Protecting Americans: Holding Foreign Manufacturers Accountable...

ECJ: Judgment on Art. 15 Brussels I (?Ilsinger?)

Posted on May 25, 2009
On 14 May 2009, the ECJ delivered its judgment in case C-180/06 (Renate Ilsinger v. Martin Dreschers). The case basically concerns the question whether legal proceedings by which a consumer seeks an order requiring a mail-order company to award a prize apparently won by him - without the award of that prize depending on an order [...

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

Posted on May 24, 2009
The first issue of the Revue Critique de Droit International Privé was just released. It contains two articles and several case notes. The first article is authored by Dominique Bureau, a professor at Paris II University, and Horatia Muir Watt, a professor at Paris Institute of Political Science (commonly known as Sciences Po)...

Dirty Dancing and Stays of Proceedings

Posted on May 22, 2009
A recent judgment of the NSW Supreme Court is as noteworthy for its name and subject-matter as it is for the legal principles involved; namely stay of proceedings on the basis of a foreign exclusive jurisdiction clause. Dance With Mr D Limited v Dirty Dancing Investments Pty Ltd [2009] NSWSC 332 concerned a dispute between producers [...

Australian Lawyers and Overseas Clients

Posted on May 22, 2009
An interesting and unusual case before the State Administrative Tribunal of Western Australia contains a significant discussion of the professional obligations of Australian lawyers?especially regarding confidentiality and privilege?while representing overseas clients...

Heightened Pleading Standards in US Private International Law Cases

Posted on May 20, 2009
On Monday, the United States Supreme court decided the case of Ashcroft v. Iqbal, which concerned whether current and former federal officials, including FBI Director Robert Mueller and former Attorney General John Ashcroft, are entitled to qualified immunity against allegations they knew of or condoned racial and religious discrimination against individuals detained in the wake [...

Tokyo symposium papers on IP available for download

Posted on May 19, 2009
The formerly announced international symposium in Tokyo on the topic of "Intellectual Property and International Civil Litigation" was held some ten days ago and several contributions from the speakers are accessible for download from the official website...

French Conference on Intellectual Property and PIL

Posted on May 18, 2009
Professors Cyril Nourissat and Edouard Treppoz will organize a conference at the Faculty of Law of Lyon 3 University on Private International and Intellectual Property (Droit international priv et propri t intellectuelle) on June 4. The morning will be dedicated to choice of law, while the afternoon will address jurisdictional issues...

Conference: International Association of Procedural Law Toronto Conference

Posted on May 16, 2009
From June 3-5, 2009, the International Association of Procedural Law is holding its annual conference in Toronto, Canada. Entitled “The Future of Categories–Categories of the Future,” the conference will showcase “leading proceduralists from around the world” who will present “their perspectives on the ways in which procedural reform is precipitating a collapse of the traditional categories [...

Forum Non Conveniens in US Courts

Posted on May 15, 2009
On May 1, 2009, the United States Court of Appeals for the Seventh Circuit issued a noteworthy opinion in the consolidated cases of Abad v. Bayer Corp. and Pastor v. Bridgestone/Firestone. See http://www.ca7.uscourts.gov/tmp/NH1FG3UP.pdf. These consolidated appeals raise interesting issues regarding the application of the forum non conveniens doctrine in US courts...

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