Category Archives: Conflict of Laws

‘The Law Applicable to Smart Contracts, or Much Ado About Nothing?’

“The question of how people can trade with each other independently of national laws is a question that has kept philosophers, economists and lawyers busy for centuries. In recent years, the discussion has been fuelled by the phenomenon of digitalisation and, in particular, by the emergence of smart contracts. Those contracts enable automated execution of […]

‘Global Private International Law: Adjudication without Frontiers’

“Agatha Brandão de Oliveira, Senior Research Assistant at the University of Lucerne, brought to my attention a forthcoming publication bearing the above title. The official book launch will take place on February 7 in Paris …” (more) [Apostolos Anthimos, Conflict of Laws .net, 17 January]

Sagi Peari, ‘The Foundation of Choice of Law: Choice and Equality (Oxford University Press, 2018)’

ABSTRACT The book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called ‘choice equality foundation’ [‘CEF’] which aims to flesh out the normative basis of the subject. The book reveals that, […]

John Enman-Beech, ‘When Is a Contract Not a Contract?: Douez v Facebook Inc and Boilerplate’

ABSTRACT With Douez v Facebook Inc, the Supreme Court of Canada has started to digest the implications of standard form contracts, or boilerplate, in the on-line consumer market. In this case, four of a panel of seven judges ruled that a forum selection clause in Facebook’s ‘terms of use’ could not be enforced to stay […]

Just Published: Ardavan Arzandeh, Forum (Non) Conveniens in England: Past, Present, and Future

The forum (non) conveniens doctrine provides the basis for the discretionary exercise of jurisdiction by English courts in private international law disputes. London’s pre-eminence as a centre for international commercial litigation has led to its frequent deployment in proceedings where parties disagree over where a case should be heard. The doctrine’s significance is not limited […]

Máire Ní Shúilleabháin, ‘Surrogacy, System Shopping, and Article 8 of the European Convention on Human Rights’

Abstract Contracting States of the European Convention on Human Rights (ECHR) are bound to secure the rights guaranteed by the Convention. Article 8 ECHR, which guarantees the right to respect for private and family life, has been interpreted as importing extensive obligations to recognize parent–child relationships created through overseas surrogacy arrangements. These ECHR obligations (first […]

‘Greece Should not Have Applied Sharia Law in Will Contest’

“In a recent case in the European Court of Human Rights, the court found that Greece should not have allowed the two sisters a deceased Muslim man apply Sharia law to contesting the validity of their brothers will. In Molla Sali v Greece, a Grand Chamber judgment held that Greece had violated Article 14 of […]

Ardavan Arzandeh, ‘Reformulating the common law rules on the recognition and enforcement of foreign judgments’

Abstract This paper revisits the English common law rules on the recognition and enforcement of foreign judgments in personam. It seeks to demonstrate that, mainly due to the narrow conception of the foreign courts’ ‘international jurisdictional competence’, the operation of this aspect of the English conflict-of-laws rules gives rise to problematic outcomes. Subsequently, the paper […]

Kermit Roosevelt, ‘Certainty vs Flexibility in the Conflict of Laws’

Abstract Traditional choice of law theory conceives of certainty and flexibility as opposed values: increase one, and you inevitably decrease the other. This article challenges the received wisdom by reconceptualizing the distinction. Rather than caring about certainty or flexibility for their own sake, it suggests, we care about them because each makes it easier to […]

‘The Law Applicable to Contractual Obligations and Non-contractual Obligations (Amendment etc) (EU Exit) Regulations 2018’

“The UK Government has published a draft statutory instrument under the European Union (Withdrawal) Act 2018, which will incorporate the Rome I and Rome II Regulations into domestic law. The Rome I and Rome II Regulations provide rules to determine the law applicable to contractual and non-contractual obligations respectively. Crucially, they do not rely on […]