Category Archives: Conflict of Laws

‘von Hein, Kieninger and Rühl: How European is European Private International Law?

“Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law, including civil procedure. The resulting substantial legislative unification has been described as the first true ‘Europeanisation’ of private international law, and even as a kind of ‘European Choice of Law […]

Benjamin Hayward, ‘Book Review – The Foundation of Choice of Law: Choice and Equality

ABSTRACT This piece is a book review of The Foundation of Choice of Law: Choice and Equality, by Sagi Peari, published by Oxford University Press in 2018. Peari’s text addresses an important private international law issue – the identification of the governing substantive law – and in doing so, proposes a novel theoretical underpinning for […]

‘Views and News from the 8th Journal of Private International Law Conference 2019 in Munich’

“From 12 to 14 September 2019, the Journal of Private International Law held its 8th Conference at the University of Munich, perfectly hosted and organized by our Munich-based colleague Anatol Dutta. Nearly 150 colleagues gathered from all over the world, amongst them many of the Conflictoflaws.net editors …” (more) [Matthias Weller, Conflict of Laws .net, […]

Franco Ferrari, ‘A new paradigm for international uniform substantive law conventions’

ABSTRACT This paper posits that a paradigm shift has taken place in respect of the way the relationship between private international law and international uniform law conventions is understood. The author shows that recent international uniform law conventions evidence that their drafters do not consider the relationship to be an antagonistic one, but rather one […]

Julian Nyarko, ‘Stickiness and Incomplete Contracts’

ABSTRACT Both economic and legal theory assumes that sophisticated parties routinely write agreements that maximize their joint surplus. But more recent studies analyzing covenants in corporate and government bond agreements have suggested that some contract provisions are highly path dependent and ‘sticky’, with future covenants only rarely improving upon previous ones. This Article demonstrates that […]

‘A Short History of the Choice-of-Law Clause’

“The choice-of-law clause is now omnipresent. A recent study found that these clauses can be found in 75 percent of material agreements executed by large public companies in the United States. The popularity of such clauses in contemporary practice raises several questions. When did choice-of-law clauses first appear? Have they always been popular? Has the […]

Reza Beheshti, ‘The absence of choice of law in commercial contracts: problems and solutions’

ABSTRACT In a commercial contract with an arbitration clause, the parties may fail to determine any applicable law, in which case the arbitral tribunal is expected to identify the rules applicable to the merits of the dispute. A modern approach suggests that localizing legal issues originated from an international contract is inappropriate and that the […]

‘Section 9 Defamation Act 2013: a difficult burden for Claimants to discharge’

“The decision of Mr Justice Nicklin in Craig Wright v Roger Ver ([2019] EWHC 2094 (QB)) confirms the high hurdle that a claimant must overcome in a defamation case where section 9 of the Defamation Act 2013 applies. Where a defendant in a libel claim is not domiciled in the United Kingdom, another Member State […]

‘The new kid on the block: the HCCH on the Judgments Convention’

“On 2 July 2019 the Hague Conference on Private International Law (HCCH) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention). It aims to establish – for the future Contracting States – a regime of simplified recognition and enforcement of court decisions …” (more) [Jeroen van […]

‘Save the date and register now for the 2nd Conference on European Private International Law taking place in Aarhus in 2020!’

“Since the entry into force of the Treaty of Amsterdam in 1999, the European Union has adopted an impressive number of regulations in the field of Private International Law. As a result, Private International Law has gradually become a truly European discipline. However, a truly pan-European forum to discuss issues of European Private International Law […]