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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

Reference from Irish Supreme Court to ECJ: Same Proceedings Pending in a non European State

Posted on February 04, 2009
I am grateful to Michelle Smith de Bruin BL for preparing the following report on a recent reference from the Irish Supreme Court to the European Court of Justice. On 30 January 2009, the Irish Supreme Court decided in Goshawk Dedicated Limited and Kite Dedicated Limited formerly known as Goshawk Dedicated (No...

Consumer Protection: Directive 2008/122/EC

Posted on February 03, 2009
A Directive on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts, repealling Directive 94/47/EC, has been published today (OJ, L, nº 33). The new Directive aims to update Directive 94/47/EC, covering new holiday products similar to timeshare that did not exist in 1994, and also [...

Rome I: Commission Decision on the UK?s Opt-In Published in the OJ - Response to the UK Government?s Consultation

Posted on February 01, 2009
Following the publication in the OJ (no. L 10 of 15 January 2009, p. 22) of the formal Commission Decision of 22 December 2008 on the request from the United Kingdom to accept the Rome I reg. (see our previous post on the Commission opinion), the UK government has published the response to the public [...

Article: ?Extra-territorial Application of Antitrust ? The Case of a Small Economy (Israel)?

Posted on January 30, 2009
Michal Gal (University of Haifa, NYU School of Law) has on the NELLCO Legal Scholarship Repository posted a paper titled “Extra-territorial Application of Antitrust ? The Case of a Small Economy (Israel)”, which also analyses legal aspects of private international law...

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AG Opinion on Brussels II bis Regulation

Posted on January 30, 2009
Yesterday, Advocate General Kokott delivered her opinion in case C-523/07 (Applicant A). The case, which has been referred to the ECJ by the Finnish Korkein hallinto-oikeus, concerns three children who lived originally in Finland with their mother (A) and stepfather...

Special Issue Rome II Nederlands Internationaal Privaatrecht

Posted on January 29, 2009
The latest issue of the Dutch PIL journal Nederlands Internationaal Privaatrecht (2008, no. 4 - published in December) is dedicated to the Rome II Regulation. It includes the following eleven contributions: M. Wilderspin, The Rome II Regulation; Some policy observations, p...

AG Opinion on the Interpretation of Art. 5 (1) Brussels I Regulation

Posted on January 28, 2009
Yesterday, Advocate General Trstenjak`s opinion in case C-533/07 (Falco Privatstiftung und Rabitsch) was published. This case is of particular interest since it concerns the interpretation of the notion of “services” (Art. 5 (1) (b) second indent Regulation (EC) Nr...

Abbott v. Abbott: An Update

Posted on January 26, 2009
As previously mentioned on this site, the case of Abbott v. Abbott continues to look like the U.S. Supreme Court’s first attempt to clarify the operation of the Hague Abduction Convention. Last week, the Court invited the views of the new Solicitor General on whether the case should be accepted...

Publication: ?Studi in onore di Vincenzo Starace?

Posted on January 26, 2009
The Italian publisher Editoriale Scientifica (Naples) has recently published a very rich collection of essays in honor of Vincenzo Starace, late Professor in the University of Bari, one of Italian leading academics in the field of Public International Law and Private International Law, who passed away in 2006...

ERA Conference: Complete agenda spring and summer 2009

Posted on January 24, 2009
ERA Conference: Complete agenda spring and summer 2009 In our previous posts we have informed about the ERA conferences for the spring 2009 titled ?Annual Conference on European Insurance Law 2009? and ? Cross-Border insolvency proceedings?. Here are the rest of the conferences for the spring and summer 2009: Successions and Wills in a European context, Prague, 20-21 [...

PIL conference in Johannesburg

Posted on January 21, 2009
Please find a call for papers for the third quadrennial international conference on comparative private international law to be held at the University of Johannesburg in South Africa (9-11 September 2009) on www.uj.ac.za/law. Confirmed speakers include Prof C F Forsyth (University of Cambridge) and Prof M M Martinek (University of Saarland)...

United States Signs Hague Convention on Choice of Court Agreements

Posted on January 21, 2009
On 19th January, the outgoing State Department Legal Advisor, John Bellinger, signed the Hague Convention (of 30 June 2005) on Choice of Court Agreements on behalf of the United States of America. The USA is the first country to sign the Convention, with Mexico also a party to the Convention through accession...

In Memoriam: Professor Jan Kropholler

Posted on January 21, 2009
Professor Jan Kropholler, one of the most renowned German scholars in private international law, has passed away last week. Only recently Professor Kropholler celebrated his 70th birthday. On this occasion, as we have reported, a Festschrift in his honour was published by Mohr Siebeck titled ?Die richtige Ordnung? (The Right Order) and presented to him [...

Foreign Law before the Spanish Courts: the Need for a Reform

Posted on January 20, 2009
In a previous post (under the title Spanish International Adoption Act, Law 54/2007, of December 28) I stated that, with the exception of the International Adoption Act of 2007, there is no Private International Law Act in Spain. For some years, under the direction of Professor Julio Gonzalez Campos, Spanish academics (almost all of us: [...

ERA Conference: Cross-Border insolvency proceedings

Posted on January 20, 2009
On 26-27 March 2009 a conference on Cross-Border insolvency proceedings will be held at the Academy of European Law in Trier. The abstract reads: When the assets belonging to an insolvent debtor are situated in different EU Member States, crossborder insolvency will often give rise to conflicts that need to be resolved by applying Regulation (EC) [...

Choice of Law in the American Courts in 2008

Posted on January 19, 2009
Symeon Symeonides has posted the twenty-second instalment of his annual survey on US choice of law decisions on SSRN. Here’s the abstract: This is the Twenty-Second Annual Survey of American Choice-of-Law Cases. It covers cases decided by American state and federal courts from January 1 to December 31, 2008, and reported during the same period...

ERA Conference: Annual Conference on European Insurance Law 2009

Posted on January 19, 2009
The ERA website informs: On 23 and 24 March 2009 the Annual Conference on European Insurance Law 2009 will be held in Trier at the Academy of European Law. The objective of this conference is to update practitioners on the most recent developments in the field of insurance law pursuant to legislation and jurisprudence...

The Amir of Qatar, a yacht built in New Zealand and sailed to Australia, and the Australian Federal Court

Posted on January 19, 2009
In Thor Shipping A/S v The Ship “Al Duhail” [2008] FCA 1842 (5 December 2008) the Australian Federal Court considered damages proceedings in its admiralty jurisdiction against the Ship Al Duhail. The proceedings were brought by the owner of a cargo vessel, Thor Shipping, which had been chartered to carry the Al Duhail from New [...

Assistant in Private International Law in Luxembourg

Posted on January 18, 2009
The Faculty of Law of the University of Luxembourg is seeking to recruit an Assistant (PhD student) in Private International Law, Comparative Law or Civil Law. This is a distinct position from the one I reported on earlier. The candidate should be a PhD student who will be expected to work on his doctorate, to teach [...

Latest Issue of ?Praxis des Internationalen Privat- und Verfahrensrechts? (1/2009)

Posted on January 14, 2009
Recently, the January/February 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): H.-P. Mansel/K. Thorn/R...

Jurisdiction to Enjoin a Foreign Website in the EU

Posted on January 13, 2009
Which court has jurisdiction to enjoin a foreign based website to carry on illegal activities in the forum? On November 6, 2008, the French Supreme Court for private and criminal matters (Cour de cassation) held that French courts had jurisdiction to enjoin a company incorporated in Malta from carrying on illicit activities through a website, as the site [...

Rome II Regulation Applicable in EU

Posted on January 11, 2009
Starting from today, 11 January 2009, Regulation no. 864/2007 on the law applicable to non-contractual obligations (Rome II) is applicable in the Member States (see its Art. 32), excepting Denmark. In the comments to one of our previous posts, some debate was raised as to the proper construction of Art...

Maintenance Regulation Published in the OJ

Posted on January 10, 2009
The maintenance regulation, and its 11 Annexes, have been published in the Official Journal of the European Union no. L 7 of 10 January 2009. The official reference is the following: Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to [...

Conferences at MPI for Private Law, Hamburg

Posted on January 10, 2009
Private Law in Eastern Europe ? Autonomous Developments or Legal Transplants? The MPI website informs: On 27 and 28 March 2009 a conference will be held at the Max Planck Institute for Comparative and International Private Law on the topic “Private Law in Eastern Europe ? Autonomous Developments or Legal Transplants?”...

ABA practitioner survey on the functioning of the Hague Evidence and the Hague Service Conventions

Posted on January 08, 2009
In connection with the February 2009 Hague Conference on Private International Law meeting that will consider the practical operation of a number of Hague Conventions, the US State Department has asked the International Litigation Committees of the International and Litigation sections of the ABA to survey its members in order to get practitioner input about [...

American Surrogacy and Parenthood in France: Update

Posted on January 07, 2009
In earlier posts, I had reported how the Paris Court of Appeal had accepted to recognize Californian birth certificates after a French couple had resorted to surrogacy in San Diego. Surrogacy is illegal in France. An appeal was lodged before the French Supreme Court for private and criminal matters (Cour de cassation)...

Conference: Hague Conference on Private International Law

Posted on January 07, 2009
A Special Commission on the practical operation of the Hague Apostille, Service, Taking of Evidence and Access to Justice Conventions will be held in The Hague from 2-12 February 2009. The meeting is open ONLY to experts designated by the Members of the Hague Conference, invited non-Member States and International Organisations that have been granted [...

New Release of DeCITA, the leading Latin American Legal Review on Private International Law and International Trade Law

Posted on January 07, 2009
DeCITA (Derecho del Comercio Internacional - Temas y Actualidades) (semi-annual publication in spanish, english, portugese or french) has released its 9th issue. As usual it covers topics concerning not only Latin American Private International Law but also European and North American Law...

Australian difficulties for ?service of suit? clauses in insurance contracts

Posted on January 06, 2009
AIG UK Ltd v QBE Insurance (Europe) Ltd [2008] QSC 308 (28 November 2008) reveals some of the difficulties that can be created for insurers and reinsurers of Australian liabilities by the form of “service of suit” clauses often found in Lloyds and other non-Australian insurance contracts...

Forum non conveniens, anti-suit injunctions, and concurrent US and Australian copyright proceedings

Posted on January 06, 2009
In TS Production LLC v Drew Pictures Pty Ltd [2008] FCAFC 194 (19 December 2008), the Full Court of the Federal Court of Australia considered difficult issues concerning forum non conveniens and anti-suit injunctions in the context of concurrent US and Australian copyright proceedings...

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