Category Archives: Conflict of Laws

‘The 2019 Hague Judgments Convention – A Game Changer?’

“The Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters will form the object of a conference (in English) scheduled to take place on 23 April 2020 at the Catholic University of Milan. Speakers include …” (more) [Thalia Kruger, Conflict of Laws .net, 22 January]

‘Inaugural Lecture by Alex Mills (UCL): The Privatisation of Private (and) International Law’

Speaker: Professor Alex Mills (Faculty of Laws, UCL). Chair: Professor Campbell McLachlan QC (Victoria University Wellington). Date and time: 6 February 2020, 6:00 pm to 7:00 pm. Location: Bentham House, UCL Laws, London, WC1H 0EG, United Kingdom. Abstract: The boundary between public and private legal relations at the international level has become increasingly fluid … […]

‘Development of Private International Law in the UK post Brexit’

“With Brexit having taken place on 31 January 2020 this workshop comes at an ideal time to focus on how private international law in the UK should develop once the implementation period for the UK leaving the EU has finished (which under UK law should be on 31 December 2020). Several eminent speakers will address […]

‘White Paper on Smart Derivatives Contract’

“Smart contracts and the conflict of laws is a widely discussed topic today (see for instance the post by Giesela Rühl). A new contribution to this debate comes from ISDA, the International Swaps and Derivatives, in collaboration with the Singapore Academy of Law and leading law firms. Also involved is the provider of an existing […]

‘An Infringement of IP Rights that is also a Breach of Contract is still an Infringement of IP Rights’

“The distinction between liability in tort and for contractual breach can have various implications, depending upon the jurisdiction. For example, the statute of limitations, the available remedies, the procedural rules or the calculation of the financial compensation, may all differ as between these two heads of liability. A week before Christmas, the Court of Justice […]

‘Humboldt-University Berlin: PhD positions (fellowships) for private (international) lawyers’

“The Graduate Programm ‘Dynamic Integration’ at the Faculty of Law of Humboldt-University Berlin wishes to fill two PhD positions (fellowships), funded by the German Research Foundation (Deutsche Forschungsgemeinschaft) …” (more) [Giesela Ruehl, Conflict of Laws .net, 14 January]

Tanya Monestier, ‘When Forum Selection Clauses Meet Choice of Law Clauses’

ABSTRACT Many contracts that contain a forum selection clause also contain a choice of law clause. This raises the issue of whether to apply the parties’ chosen law to questions of forum selection clause interpretation, such as whether the clause is mandatory or permissive and how far the scope of the clause extends. The recent […]

‘New Articles on Private International Law From Professor Ronald Brand’

“Professor Ronald A Brand of the University of Pittsburgh School of Law has posted three new articles with private international law content: …” (more) [Charles Kotuby, Conflict of Laws .net, 2 January]

Ardavan Arzandeh, ‘“Gateways” within the Civil Procedure Rules and the future of service-out jurisdiction in England’

ABSTRACT For well over 150 years, the heads of jurisdiction currently listed within paragraph 3.1 of Practice Direction B, accompanying Part 6 of Civil Procedure Rules, have played a vital role in the English courts’ assertion of jurisdiction over foreign-based defendants. These jurisdictional ‘gateways’ identify a broad range of factual situations within which courts may […]

Michael Müller, ‘Approaches to the law applicable to proprietary effects of transactions in securities taken in uniform law: a lesson for the EU’

ABSTRACT The modern practice of securities trading has led to almost insurmountable tensions with classical conflict-of-laws doctrine. The Hague Securities Convention set out to provide for a new and uniform solution. In a recent communication from the Commission, the topic has resurfaced on the European agenda. Against this background, this article poses the question of […]