Category Archives: Conflict of Laws

‘Mutual Trust v Public Policy: 1-0’

“In a case concerning the declaration of enforceability of a UK costs order, the Supreme Court of the Hellenic Republic decided that the ‘excessive’ nature of the sum (compared to the subject matter of the dispute) does not run contrary to public policy. This judgment signals a clear-cut shift from the previous course followed both […]

‘Out now: When Private International Law Meets Intellectual Property – A Guide for Judges

“The World Intellectual Property Organisation (WIPO) and the Hague Conference on Private International Law (HCCH) have just published When Private International Law Meets Intellectual Property – A Guide for Judges. The guide, which has been co-authored by Annabelle Bennett (Former Judge at the Federal Court of Australia) and Sam Granata (Judge at the Court of […]

‘Who Owns Bitcoin? Private (International) Law Facing the Blockchain’

“The widespread use of virtual currencies and other crypto assets may lead to problems that have been well-known for centuries in private law. The media reveal on an almost daily basis numerous cases of transfers that are the result of either fraud or coercion. Less reported, but equally possible is that the transferor commits a […]

Milos Novovic, ‘Fighting European “Copyright Tourism”: Lessons from Defamation Laws’

ABSTRACT In the recent cases of Pinckney and Hejduk, the ECJ revised European rules on jurisdiction over online copyright infringement disputes – making it possible for claimants to bring their lawsuits in virtually any European country. Due to the application of lex loci protectionis, this choice of venue also affects the law applicable to disputes. […]

Uglješa Grušić, ‘Unjust Enrichment and the Brussels I Regulation’

ABSTRACT This article examines how the jurisdictional rules of the recast of the Brussels I Regulation, namely the rules of exclusive jurisdiction for immovable property and company law and governance matters and the rules of special jurisdiction for contracts and torts, deal with unjust enrichment claims and issues concerning unjust enrichment. It also asks whether […]

Roxana Banu, ‘Conflicting Justice in Conflict of Laws’

ABSTRACT  Choice-of-law rules determine which national law (not necessarily that of the forum) applies in private law matters that cross over multiple jurisdictions. Given the ubiquity of inter-personal cross-border relations, choice-of-law rules play an enormous role in securing justice in the transnational social realm. For example, they determine whether individuals can recover retirement benefits from […]

‘Browser Generated Information: “loss of control” entitles search engine users to compensation’

“Richard Lloyd v Google LLC [2019] EWCA Civ 1599: The Court of Appeal has ruled that a claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress. The first instance judge, Warby J, had dismissed Mr Lloyd’s application for permission […]

Digital Rights in Brexit – Changes and Challenges: Institute of Advanced Legal Studies, 22 November 2019

“Whether based on doctrinal analysis, or empirical research, the conference will explore original perspectives on the implications posed by Brexit. This scope covers both the impact on digital rights of an impending Brexit since the 2016 referendum to date, as well as the potential consequences for digital rights on leaving the EU for all individuals […]

‘Out now: Punitive Damages and Private International Law: State of the Art and Future Developments

“The recognition of punitive damages represents a controversial issue in Europe. For many years, due to their conflict with fundamental principles of the lex fori, punitive damages have been found to be in breach of public policy by some European national courts. This has prevented the recognition and enforcement of foreign judgments awarding them, or […]

‘Dieselgate: Germany’s Volkswagen faces first mass lawsuit on home turf’

“Car behemoth Volkswagen will face a German court Monday, as hundreds of thousands of owners of manipulated diesel cars demand compensation four years after the country’s largest post-war industrial scandal erupted. The first hearing in what is likely to be a grinding, years-long trial opens at 10am in Brunswick, around 30 kilometres from VW headquarters […]