Category Archives: Conflict of Laws

‘The Impact of the EU-UK Draft Agreement on Judicial Cooperation in Civil and Commercial Matters’

“Yesterday, on 14 November 2018, the UK cabinet, after five hours of deliberation, accepted the Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as agreed at negotiators’ level on the same day …” (more) [Jan von Hein, Conflict […]

Mukarrum Ahmed, ‘The nature and enforcement of choice of law agreements’

Abstract This article seeks to examine the fundamental juridical nature, classification and enforcement of choice of law agreements in international commercial contracts. At the outset, it will be observed that the predominance of jurisdictional disputes in international civil and commercial litigation has pushed choice of law issues to the periphery. The inherent dialectic between the […]

‘Vacancy at the University of Milan: Postdoctoral Researcher in Private International Law’

“The University of Milan will recruit a postdoctoral researcher in Private International Law, starting in March 2018, for a duration of 24 months (renewable once). The researcher will work on the project ‘Cross-border Disputes in Civil and Commercial Matters and New Technologies’ …” (more) [Giorgio Buono, Conflict of Laws .net, 1 November]

‘The European Parliament publishes Study on the impact of Brexit on family law coordinated by Professor Dr Marta Requejo’

“Research coordinated by MPI Luxembourg Senior Research Fellow Professor Dr Marta Requejo Isidro on the impact of Brexit on family law was published end of October by the European Parliament. The work was commissioned and funded by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on […]

‘60 years BIICL, 50 years Brussels Regime, 60 years New York Convention’

“In 2018, not only the British Institute of International and Comparative Law (BIICL) celebrates a round birthday, but also the two most important regimes for cross-border cooperation in civil and commercial litigation and arbitration – the Brussels Regime (1968), to which the United Kingdom acceded 40 years ago, and the New York Convention on the […]

Brilmayer and Listwa, ‘Continuity and Change in the Draft Restatement (Third) of Conflict of Laws: One Step Forward and Two Steps Back?’

Abstract A deep contradiction lies at the heart of the Draft Restatement (Third) of Conflict of Laws. The Draft Restatement embraces a novel theoretical framework – the ‘two-step’ theory – that attempts to integrate the basic tenets of so-called ‘modern’ choice of law theory into a coherent intellectual whole. The virtue of the ‘two-step’ theory […]

‘Robin Morse Memorial Lecture’

“The Dickson Poon School of Law at King’s College London is holding an inaugural Memorial Lecture to honour the memory of Professor Robin Morse, who died last year. He was widely admired both within King’s (where he served as Dean of the School of Law) and beyond it for his scholarship and dedication to teaching, […]

Thomas Gallanis, ‘The Use and Abuse of Governing-Law Clauses in Trusts: What Should the New Restatement Say?’

Abstract This Essay offers a novel solution to a thorny problem at the intersection of trust law and the conflict of laws: When should the settlor be able to choose a governing law other than the law of the jurisdiction with the most significant relationship to the trust? The law of the conflict of laws […]

VC Govindaraj, ‘JHC Morris, the proper law doctrine and the law of obligations: A critical appraisal’

Abstract Courts in the common law world, more particularly in England and the United States, had recourse to the jurisdiction selection rule with respect to the law of obligations, in law of contracts and law of torts, till the first half of the twentieth century. Needless to say, they were under the influence of AV […]

‘International commercial courts: should the EU be next? – EP study building competence in commercial law’

“Previous posts on this blog have described the emerging international commercial and business courts in various Member States. While the primary aim is and should be improving the dispute resolution system for businesses, the establishment of these courts also points to the increase of competitive activities by certain Member States that try to attract international […]