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Conflict of Laws

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Last Entry: November 04, 2020 at 08:24:01

ECJ Judgment in Gambazzi

Posted on April 02, 2009
The European Court of Justice (ECJ) has delivered today its judgment in Gambazzi v. Daimler Chrysler Canada, Inc. and CIBC Mellon Trust Company. The case, previously known as Stolzenberg, had been already litigated in numerous jurisdictions (see our previous posts here and here)...

PIL conference at the University of Johannesburg

Posted on April 02, 2009
Comparative private international law conference University of Johannesburg 8-11 September 2009 Key-note speakers: (1) Prof Dr C F Forsyth (University of Cambridge): Reconciling classic private international law with fidelity to constitutional values (2) Prof Dr M Martinek (University of Saarland): The Rome I and Rome II regulations in European private international law ? a critical analysis 34 participants from 17 countries: Cameroon (1) Canada (1) China (4) Croatia [...

Forum Non Conveniens and Treaty Rights: King v. Cessna

Posted on April 02, 2009
On Monday, the Eleventh Circuit rendered an interesting opinion in the case of King v. Cessna Aircraft . The case concerned several interesting points on the doctrine offorum non conveniens, the most interesting of which is the competing rights guaranteed to foreign plaintiffs under bilateral treaties...

BIICL Fellowship in Private International Law

Posted on April 01, 2009
The British Institute of International and Comparative Law is seeking to appoint a Senior Research Fellow in International Private Law. The advertisement can be found here and a full job description can be found here. The post is a research post, with no teaching duties...

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Yearbook of Private International Law, vol. X (2008)

Posted on March 27, 2009
I am grateful to Gian Paolo Romano,�Production Editor�of the Yearbook of Private International Law, for providing this presentation of the new volume of the YPIL. Volume X (2008) of the Yearbook of Private International Law, edited by Prof. Andrea Bonomi and Prof...

European Parliament: Resolution on Cooperation in the Taking of Evidence in Civil or Commercial Matters

Posted on March 26, 2009
The European Parliament’s Resolution of 10 March 2009 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (2008/2180(INI)) has been published (see the Parliament’s website). The resolution constitutes the Parliament’s response to the Commission’s report on the application of the Council Regulation (EC) No 1206/2001 of [...

Swiss Institute of Comparative Law: First Book on the Rome I Regulation in French

Posted on March 25, 2009
The contributions presented at the 20th Journ�e de droit international priv�, jointly organised in March 2008 in Lausanne by the Swiss Institute of Comparative Law (ISDC) and the Centre de droit compar�, europ�en et international (CDCEI) of the Law Faculty of University of Lausanne and dedicated to the Rome I Regulation, have been published by [...

Articles on Rome II and Hague Convention on Choice of Court Agreements

Posted on March 24, 2009
The current issue (Vol. 73, No. 1, January 2009) of the Rabels Zeitschrift contains inter alia two interesting articles on the Rome II Regulation and the Hague Convention on Choice of Court Agreements: Thomas Kadner Graziano: “The Law Applicable to Non-Contractual Obligations (Rome II Regulation)” - the English abstract reads as follows: As of 11 January 2009, [...

Tokyo International Symposium: ?Intellectual Property and International Civil Litigation?

Posted on March 23, 2009
The Copyright Group, the Industrial Property Right Group, and International Civil Procedure Group all working within the ?Transparency of Japanese Law? Project are jointly organising the international symposium on the ever more challenging issues arising in the field where private international law meets intellectual property law...

A new Spanish Magazine: Cuadernos de Derecho Transnacional

Posted on March 23, 2009
On March 16, 2009 the first issue of a new legal journal dedicated to Private International Law has seen the light. “Cuadernos de Derecho Transnacional?(CDT) (?TransnationalLaw Review?) is published by the Private International Law Section of the University Carlos III of Madrid, Spain...

Webcast of the 2008 Venice Conference on the Rome I Regulation

Posted on March 22, 2009
We pointed out in a previous post the programme of the conference on the Rome I reg. hosted by the University of Venice “Ca’ Foscari” on 28 November 2008: “La nuova disciplina comunitaria della legge applicabile alle obbligazioni contrattuali” (The new EC regime on the law applicable to contractual obligations)...

Discovery in Aid of Litigation Post-?Intel?: The Continuing Split

Posted on March 20, 2009
Law.com just posted a good article on the follow-on litigation after the Supreme Court’s decision in Intel Corp. v. Advanced Micro Systems, Inc., 542 U.S. 241 (2004). That decision, in short, held that 28 U.S.C. 1782–which empowers federal district courts to compel discovery “for use in a proceeding in a foreign or international tribunal”–could [...

International Custody Case between the U.S. and Brazil

Posted on March 20, 2009
See this post of Solangel Maldonado @ Concurring Opinions : Some of my family law students have been following the international custody case involving Brazil and the United States. According to David Goldman, a New Jersey resident, in June 2004, his wife took their four year-old son, Sean, to Brazil on vacation where he was [...

Preemptive Jurisdiction Trumps Forum Non Conveniens in Panama

Posted on March 19, 2009
I am grateful to Henry Saint Dahl, the President of the Inter-American Bar Foundation, for contributing this report. On March 17, 2009, the First Superior Court of the First Judicial District of Panama affirmed a ruling for lack of jurisdiction in Sara Grant Tobal et al v...

Publication: Bariatti, ?Casi e materiali di diritto internazionale privato comunitario?

Posted on March 18, 2009
The Italian publishing house Giuffr� has recently published the second edition of a very rich reference book on EC Private International Law, authored by Prof. Stefania Bariatti (University of Milan): “Casi e materiali di diritto internazionale privato comunitario“...

Harris: ?The Proposed EU Regulation on Succession and Wills: Prospects and Challenges?

Posted on March 17, 2009
As has already been noted on this site, the European Commission will present its proposed Regulation on Succession and Wills on 24th March 2009. In anticipation of that announcement, Professor Jonathan Harris (who has been advising the UK Ministry of Justice throughout the process) has written a lengthy article on the proposed Regulation: “The Proposed [...

Colloquium on Choice of Law Clauses

Posted on March 15, 2009
On 10 June 2009, the Institute for Civil and Business Law (Vienna University of Economics and Business Administration) will host together with the Austrian Academy of Sciences, Insitute for European Tort Law and the University of Vienna a colloquium on the limits and chances of choice of law clauses: “Rechtswahl - Grenzen und Chancen“...

Spanish Homosexual Couple and Surrogate Pregnancy (II)

Posted on March 14, 2009
In a previous post (http://conflictoflaws.net/2008/spanish-homosexual-couple-and-surrogate-pregnancy/) I�related how a certificate issued in the U.S.A., establishing the parenthood of a baby born in this country to a surrogate mother, had been denied registration in Spain...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (2/2009)

Posted on March 14, 2009
Recently, the March/April issue of the German legal journal ?Praxis des Internationalen Privat- und Verfahrensrechts? (IPRax) was released. It contains the following articles/case notes (including the reviewed decisions): Robert Freitag: “Die kollisionsrechtliche Behandlung ausl�ndischer Eingriffsnormen nach Art...

AG Opinion on Brussels II bis (?Hadadi?)

Posted on March 13, 2009
Yesterday, Advocate General Kokott delivered her opinion in case C-168/08 (Hadadi). The case concerns the interpretation of the Brussels II bis Regulation and raises the question whether a Hungarian or a French court has jurisdiction over a divorce decree where both spouses are habitually resident in France and have both Hungarian and French nationality...

Related Actions and Jurisdiction Clauses

Posted on March 12, 2009
On 19 June 2008, the Supreme Court of Luxembourg for private and criminal matters (Cour de cassation) delivered a judgment in an interesting case involving related actions and a jurisdiction clause. The related actions were pending before Belgian and Luxembourg courts...

Conference on European Tort Law

Posted on March 11, 2009
The European Centre of Tort and Insurance Law will host its annual Conference on European Tort Law in Vienna from 16th-18th April. Detailed information on the programme, registration and accomodation can be found on their specially-designed website and on the following information folder...

Interesting New Book: The Law Market, by Professors Erin O?Hara and Larry E. Ribstein

Posted on March 10, 2009
I just caught wind of an interesting new read from Oxford University Press. Here’s the quick summary on their website: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and [...

Conference: ?Le nuove competenze comunitarie dello spazio giudiziario europeo: obbligazioni alimentari e successioni?

Posted on March 09, 2009
The Faculty of Law and the European Documentation Centre of the University of Verona will host on 20 March 2009 (14:30 h) a conference on maintenance obligations and successions: “Le nuove competenze comunitarie dello spazio giudiziario europeo: obbligazioni alimentari e successioni“ (New EC Competences in the European Judicial Area: Maintenance Obligations and Successions)...

AG opinion on Roda Golf (Regulation N� 1348/00)

Posted on March 08, 2009
�On�October 2007, a company named Roda Golf & Beach Resort S.L. (?Roda Golf?), executed before a notary an instrument of notification and request, seeking the service of 16 letters giving notice of the termination of a contract on addressees residing in the United Kingdom...

European Commission?s Proposal on Succession and Wills to Be Presented Shortly

Posted on March 07, 2009
According to the January 2009 issue of Brussels News, the information bulletin of the Brussels Office of the Bar Council, the European Commission will present its Proposal for a regulation on PIL aspects of succession and wills on 24 March 2009: Wills and Succession The Commission’s long-awaited private international law proposal is due out on 24 March...

Consultation Paper on Jurisdiction

Posted on March 05, 2009

Recognition of a U.S. Judgment in Brazil

Posted on March 03, 2009

Parallel Class Actions in Canada

Posted on March 02, 2009

Two Cases on Internet Jurisdiction

Posted on February 26, 2009
Court Upholds Forum Selection Clause in Web Hosting Agreement Jenny Kim (Stanford Law School) has, on the CIS-website, posted a case review of decision 2008 WL 4951020 (N.D. Cal. November 18, 2008) where the U.S. District Court for the Northern District of California dismissed Bennett v...

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