Category Archives: Conflict of Laws

Carlos Manuel Vazquez, ‘Choice of Law as Extraterritoriality’

ABSTRACT This contribution to Resolving Conflicts on the Law: Essays in Honour of Lea Brilmayer (published under the title ‘Choice of Law as Geographic Scope Limitation’) argues that the choice-of-law question commonly addressed by state and foreign courts is conceptually identical to the question addressed by federal courts in determining whether a federal statute applies […]

Coyle and Richardson, ‘Enforcing Outbound Forum Selection Clauses’

ABSTRACT Forum selection clauses are a staple of modern business law in the United States. Parties agree, ex ante, on where they can sue one another and then rely on the courts to enforce these agreements. Although the number of contracts containing forum selection clauses has skyrocketed in recent years, there is a dearth of […]

‘Google wants to move UK users’ data to the US: what does that mean for your rights?’

“It was recently reported that Google was planning to move the personal data of its UK users out of the EU and into the US. Several outlets reporting on this story have suggested that this would mean that, as Britain has left the EU, the data would no longer be covered by the EU’s world-leading […]

Matthew Seligman, ‘Personalized Choice of Private Law’

ABSTRACT Personalized choice of private law is a novel framework for designing the legal rules that govern transactions and interactions between private parties. It addresses a pervasive theoretical and practical problem in private law: Private ordering is supposed to enable parties to choose the terms of their transactions, but under modern commercial conditions, many people […]

‘Coronavirus, force majeure certificate and private international law’

“Due to the outbreak, China has adopted a number of public health measures, including closing schools and workplaces, limiting public gatherings, restricting travel and movement of people, screening, quarantine and isolation. At least 48 cities were locked down by 14 Feb 2020.  More than two thirds of China’s migrant workers were unable to return to […]

‘Brexit and Lugano’

“The UK’s intention to attempt to accede to the 2007 Lugano Convention is apparently proceeding apace. Though the events leading up to Friday 31st January, when the UK left the EU, rather overshadowed this fact, the UK Government had already announced that its intention to accede by a posting on 28th January 2020 …” (more) […]

‘Brexit: No need to stop all the clocks’

“‘The time has come’; a common enough phrase which may, depending on the reader’s mood and temperament, be attributed variously to Lewis Carroll’s discursive Walrus, to Richard Wagner’s villainous Klingsor, or to the conclusion of Victor Hugo’s epigrammatic comment to the effect that nothing is as powerful as an idea whose time has come …” […]

‘UK Accession to the Lugano Convention 2007 – an “oven ready” option?’

“The future of Civil Judicial Cooperation between the EU-27 and the UK after Brexit is an important issue. Once the UK ceases to be subject to common EU rules in the sphere of Civil Judicial Cooperation such as the Re-Cast Brussels Regulation it will lose the benefits of those rules, which provide certainty on which […]

Cara Reichard, ‘Keeping Litigation at Home: The Role of States in Preventing Unjust Choice of Forum’

ABSTRACT Choice-of-forum clauses can pose a significant obstacle to individuals hoping to bring claims against corporations. By limiting claims to particular geographic locations, choice of forum is part of a larger trend of constricted access to the courts. Compared to other restrictions, however, the Supreme Court’s inconclusive stance on choice of forum means that this […]

Symeon Symeonides, ‘Choice of Law in the American Courts in 2019: Thirty-Third Annual Survey’

ABSTRACT This is the Thirty-Third Survey of American Choice-of-Law Cases. It was written at the request of the Association of American Law Schools Section on Conflict of Laws. It is intended as a service to fellow teachers and to students of conflicts law, both inside and outside of the United States. Its purpose remains the […]