Category Archives: Conflict of Laws

Ralf Michaels, ‘Private International Law As an Ethic of Responsivity’

Abstract The world is a mess. Populism, xenophobia, and islamophobia; misogyny and racism; the closing of borders against the neediest – the existential crisis of modernity calls for a firm response from ethics. Why, instead of engaging with these problems through traditional ethics, worry about private international law, that most technical of technical fields of […]

‘Call for papers: Journal of Private International Law Conference 2019′

“The Journal of Private International Law is inviting abstracts for its 8th conference to be held at the Ludwig-Maximilians-University Munich from 12-14 September 2019. Abstracts of up to 500 words from scholars, at any stage of their career, should be sent to jprivintl2019@lmu.de by Monday 7 January 2019 …” (more) [Brooke Marshall, Conflict of Laws […]

Trevor Hartley, ‘Jurisdiction in Tort Claims for Non-Physical Harm under Brussels 2012, Article 7(2)’

Abstract Article 7(2) of the Brussels Regulation, 2012 confers jurisdiction, in matters relating to tort, on the courts of the Member State in which the harmful event occurred. In Bier v Mines de Potasse d’Alsace, the CJEU held that this covers both the place where the event which caused the damage takes place and the […]

‘The “Private” in Private International Law – 2018 Maastricht Private Law Lecture by Prof dr Symeon C Symeonides’

“The Maastricht Private Law Lecture, hosted by the Maastricht Department of Private Law, is an annual event at which a most distinguished scholar is invited to give a lecture on a topic related to the wide field of private law. An interactive seminar with PhD-researchers will follow on the next day …” (more) [Catalina Goanta, […]

‘Party Autonomy in Private International Law’

“Alex Mills, University College London, has written a book on party autonomy in private international law which has just been published by Cambridge University Press. The author has kindly provided us with the following summary …” (more) [Giesela Ruehl, Conflict of Laws .net, 6 September]

Jacobien Rutgers, ‘Choice of Law in b2b Contracts: the Law of the Jungle: Exploratory Interviews with Dutch Lawyers’

Abstract Is the law of the jungle the guiding principle with respect to choice of law clauses in international contracts between businesses (b2b contract)? Does a choice of law imply the rule of the strongest party? These and other questions are discussed in the light of 18 exploratory qualitative interviews with Dutch senior practising lawyers […]

Philip Devenish, ‘Enforcement in England and Wales of arbitral awards set aside in their country of origin’

Abstract In the decision of Nikolay Viktorovich Maximov v Open Joint Stock Company ‘Novolipetsky Metallurgichesky Kombinat’, the English High Court dismissed the claimant’s application to enforce a Russian arbitral award that had been set aside in Russia. The High Court held that in order to refuse recognition of the annulment decision, ‘[t]he decision of the […]

‘Consequences of Brexit for Private International Law and International Civil Procedure Law’

“What are the consequences of Brexit for Private International Law and International Civil Procedure Law? In the very first monograph in German concerning the legal ramifications of Brexit, Michael Sonnentag discusses these questions (Die Konsequenzen des Brexits für das Internationale Privat- und Zivilverfahrensrecht, Mohr Siebeck, 2017) …” (more) [Giesela Ruehl, Conflict of Laws .net, 16 […]

Michael Douglas and Nicholas Loadsman, ‘The Impact of the Hague Principles on Choice of Law in International Commercial Contracts’

Abstract In 2018, Australia should enact an ‘International Civil Law Act’ which would give effect to the Convention on Choice of Court Agreements (‘Hague Convention’) and the Principles on Choice of Law in International Commercial Contracts (‘Hague Principles’). This article explains how the enactment of the Hague Principles would impact Australian private international law in […]

‘Towards a European Commercial Court?’

“The prospect of Brexit has led a number of countries on the European continent to take measures designed to make their civil justice systems more attractive for international litigants: In Germany, the so-called ‘Justice Initiative Frankfurt’, consisting of lawyers, judges, politicians and academics, has resulted in the creation of a special chamber for commercial matters […]