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Conflict of Laws

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

Hague Abduction Convention Before the U.S. Supreme Court: Abbott v. Abbott

Posted on January 05, 2009
On this blog, we have long noted the splits of authority among U.S. courts regarding the operation of the Hague Abduction Convention. (See here, and here.)A new cert petition in the United States Supreme Court brings one of these disagreements to the forefront...

A Network for Legislative Cooperation

Posted on December 29, 2008
A Resolution of the Council and of the Representatives of the Governments of the Member States, on the establishment of a Network for legislative cooperation between the Ministries of Justice of the European Union has been published in OJ C 326, 20.12...

Merry Christmas and a Happy New Year!

Posted on December 24, 2008
From everyone at Conflict of Laws .net, we wish you a very Merry Christmas (or Happy Holiday, as the case may be), and an excellent New Year. Just in case you’re not yet in the festive spirit, here’s White Christmas, as sung by The Drifters, performed by Santa and his reindeers: [Click on the title above to view the full item on Conflict of Laws ...

State Immunity: Germany Institutes Proceedings Against Italy Before the ICJ

Posted on December 24, 2008
The “legal saga” that involved in recent years the Federal Republic of Germany, brought before Italian courts in a number of judicial cases regarding civil claims for atrocities committed during WWII (see our previous post here, and the ones on similar issues in other countries by Marta Requejo Isidro and Gilles Cuniberti), has finally found its [...

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Gambazzi v. Daimler Chrysler, Part 10: Monte Carlo

Posted on December 21, 2008
And then there were ten! The Soltzenberg - Gambazzi case had already been litigated in nine jurisdictions, including the two European courts. A major jurisdiction of the western world was still missing, but it is not anymore: Daimler Chrylser Canada and CIBC Mellon Trust have also sought enforcement of the English default judgments in Monte Carlo...

Gambazzi v. Daimler Chrysler, Part 10: Monte Carlo

ECJ: AG Opinion in ?Apostolides?

Posted on December 20, 2008
On Thursday, the Opinion of Advocate General Kokott in case C-420/07 (Meletis Apostolides v. David Charles Orams and Linda Elizabeth Orams) has been published. I. Background of the Case The background of the case was as follows: Mr. Apostolides, a Greek Cypriot, owned land in an area which is now under the control of the Turkish [...

ECJ: AG Opinion in ?Apostolides?

AG Opinion in Gambazzi

Posted on December 18, 2008
Advocate General Kokott has delivered her opinion today in Gambazzi v. Daimler Chrysler (Case C 394/07). For the time being, it is not available in English, but is in a few other languages. I reported earlier on this judicial odyssey which has already been litigated in (at least) nine jurisdictions...

AG Opinion in Gambazzi

ECJ Judgment in Cartesio

Posted on December 17, 2008
The much awaited judgment of the European Court of Justice in Cartesio was delivered yesterday. In this case (C-210/06), the ECJ discussed whether Articles 43 EC and 48 EC are to be interpreted as precluding legislation of a Member State under which a company incorporated under the law of that Member State may not transfer its seat to another [...

ECJ Judgment in Cartesio

Irish Case on Hague Convention on Child Abduction

Posted on December 16, 2008
I am grateful to Michelle Smith de Bruin BL for preparing the following report on a recent Irish case on the Hague Convention on the Civil Aspects of International Child Abduction. In a case (N. v N.: High Court, December 3rd, 2008) brought under the Hague Convention on the Civil Aspects of International Child Abduction, Mrs Justice [...

First Electronic Apostille in Europe

Posted on December 12, 2008
The report of the Hague Conference on Private International Law is here. [Click on the title above to view the full item on Conflict of Laws .net]

Fourth Issue of 2008?s Journal du Droit International

Posted on December 09, 2008
The fourth issue of French Journal du Droit International (also known as Clunet) will shortly be released. It contains three articles dealing with conflict issues. The first is authored by Mathias Audit, a professor of Private International Law at the University of Cergy Pontoise...

Enforcement in Netherlands of German ex parte decision under Brussels Regulation

Posted on December 07, 2008
In a case between Realchemie Nederland BV (The Netherlands) and Fa. Feinchemie Schwebda GmbH (Germany) the Dutch Supreme Court ruled that a German ?Kostenfestsetzungsbeschluss? (decision on the costs of the procedure), based on an ?einstweilige Verfügung? (provisional measure) was to be recognized and enforced pursuant to the Brussels Regulation (Hoge Raad, 7 November 2008, No...

Publication: Dickinson on the Rome II Regulation

Posted on December 06, 2008
On 18th December 2008, Oxford University Press will publish Andrew Dickinson’s new work on The Rome II Regulation - The Law Applicable to Non-Contractual Obligations. Here’s the blurb: Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (the so-called “Rome II Regulation”) is the product of almost 40-years work by the institutions and Member [...

Exception to the Arbitration Exception: the 1896/2006 Regulation

Posted on December 04, 2008
It is hardly necessary to remind readers of this blog that the Brussels I Regulation contains an Arbitration Exception. It is pretty difficult not have heard of, or read about, the West Tankers litigation lately. Of course, the Arbitration Exception is not peculiar to the Brussels I Regulation...

Enforceability of a Judgment and State Immunity: a Recent Decision of the Italian Court of Cassation

Posted on December 02, 2008
Following the post by Marta Requejo Isidro on jurisdiction over civil claims against States for violation of basic human rights, and the related comments, we would like to report an interesting decision recently handed down by the United Divisions (?Sezioni Unite?) of the Italian Corte di Cassazione, on the declaration of enforceability against a foreign [...

Sovereign Immunity of Germany for WWII Actions: France

Posted on December 02, 2008
After the recent case of the Italian Corte di Cassazione, we thought that some of the readers might be interested by the decision of the French Cour de cassation of 2 June 2004. In this case, proceedings had also been initiated against Germany for actions which had taken place during World War II...

Weighing Disputed Facts in Forum Non Conveniens Motions

Posted on December 01, 2008
The Court of Appeal for Ontario has released its decision in Young v. Tyco International of Canada Ltd. (available here). Those interested in the common law doctrine of forum non conveniens might find aspects of the decision of interest. First, Justice Laskin states at para...

Spanish homosexual couple and surrogate pregnancy

Posted on November 29, 2008
While some countries, like the U.S.A., accept surrogate pregnancy among permitted techniques of assisted reproduction, Spanish law considers it illegal. That is why a certificate issued in the U.S.A. establishing the parenthood of a baby born in this country to a surrogate mother would not be registered in Spain; accordingly the baby would not have [...

Cross-Border Consumer Disputes in Victoria

Posted on November 27, 2008
In light of Martin’s post about Jonathan Hill’s new book on Cross-Border Consumer Contracts, it’s worth noting a recent decision of the Victorian Civil and Administrative Tribunal (the main forum for small claims and consumer disputes in Victoria) that VCAT does not have jurisdiction over foreign persons or companies because the VCAT Act does not permit service outside the jurisdiction: Apollo [...

UK Regulations Implementing Rome II Regulation Adopted

Posted on November 26, 2008
As pointed out by Andrew Dickinson on the BIICL-PRIVATEINTLAW list (the mailing list promoted by the British Institute of International and Comparative Law, devoted to conflict matters), on 18 November 2008 were laid before the UK Parliament the Regulations implementing the EC Rome II Regulation in England, Wales and Northern Ireland (the Scottish Parliament is [...

Article on choice of law for intra-Australian torts after the civil liability legislation

Posted on November 26, 2008
Professor Martin Davies, co-author of the leading text on Australian private international law (Nygh and Davies, Conflict of Laws in Australia, now in its 7th edition (2002)), has an article in the most recent Torts Law Journal. It concerns the choice of law issues which have been created by the various Acts passed by the [...

Propositions of EGPIL on the Extension of Brussels I to Relations with Third States

Posted on November 25, 2008
The report of the 18th meeting of the European Group for Private International Law, which was held in Bergen in September 2008, is now available in French on the site of the EGPIL. The Group makes several propositions regarding a possible extension of the Brussels I Regulation to relations with third states...

Conference on punitive damages at Vienna

Posted on November 20, 2008
A Conference on Punitive Damages, organised by the Institute for European Tort Law, was held last Monday in Vienna. Aiming to study the nature, role and suitability of punitive damages in tort law and private law in general, this one-day conference got together a panel of scholars and practitioners from different countries: some where punitive [...

Enforcement of Foreign Judgments in Australia

Posted on November 20, 2008
A recent judgment of the Supreme Court of Victoria provides a useful short summary of the operation of the Foreign Judgments Act 1991 (Cth) and the circumstances in which registration of a foreign judgment can be set aside on public policy grounds: Jenton Overseas Investment Pte Ltd v v Townsing [2008] VSC 470 (11 November 2008)...

Forum Non Conveniens and Foreign Law in Australia

Posted on November 20, 2008
The High Court of Australia has handed down judgment in Puttick v Tenon Limited (formerly called Fletcher Challenge Forests Limited) [2008] HCA 54 (12 November 2008), the most recent High Court case to consider stay of proceedings and choice of law in an international tort case...

Publication: Hill on Cross-Border Consumer Contracts

Posted on November 19, 2008
The very successful Private International Law Series by Oxford University Press adds yet another book to its impressive line-up with Jonathan Hill’s Cross-Border Consumer Contracts. Here’s the blurb: Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements...

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