Category Archives: Conflict of Laws

‘Humboldt-University Berlin: PhD fellowship in private (international) law’

“The Graduate Programm ‘Dynamic Integration’ at the Faculty of Law of Humboldt-University Berlin offers a PhD fellowship in private (international) law. The fellowship is (generously) funded by the German Research Foundation (Deutsche Forschungsgemeinschaft). In addition, Humboldt-University offers an outstanding research environment …” (more) [Giesela Ruehl, Conflict of Laws .net, 2 July]

Brilmayer and Listwa, ‘A Common Law of Choice of Law’

ABSTRACT … This Essay offers a means of modernizing the modernists and rescuing the Restatement (Third) in the process. The key insight is to recognize that judicial creativity and attention to the facilitation of a workable system of choice of law is fully consistent with realism. Moreover, the principle of legislative supremacy is better protected […]

Lucas Clover Alcolea, ‘The 2019 Hague Judgments Convention and the New York Convention: Rivals, Alternatives or Something Else?’

ABSTRACT The 2019 Hague Judgments Convention is the culmination of almost 50 years of work in this area by the Hague Conference on Private International Law (HCCH) and is heralded by some as the litigation equivalent to the New York Convention enabling harmonised recognition and enforcement of judgments throughout the globe. The aim of this […]

‘Opinion of AG Szpunar in the case of Ellmes Property Services, C-433/19, on Article 24(1) and Article 7(1)(a) of the Brussels I bis Regulation’

“Today, AG Szpunar delivered his Opinion in the case of Ellmes Property Services, C-433/19, on the interpretation of Article 24(1) and Article 7(1)(a) of the Brussels I bis Regulation. This case arose from the following facts: Both parties are co-owners of a house situated in Zell am See, Austria. The applicant, who is the owner […]

‘Justice Andrew Bell opines on arbitration and choice of court agreements’

“Andrew Bell is a leader of private international law in Australia. His scholarly work includes Forum Shopping and Venue in Transnational Litigation (Oxford Private International Law Series, 2003) and several editions of Nygh’s Conflict of Laws in Australia (see LexisNexis, 10th ed, 2019). As a leading silk, he was counsel on many of Australia’s leading […]

‘Job Vacancy: Researchers in Private International Law and in International Business Law’

“Professor Matthias Lehmann, Chair of Private International and Comparative Law at the University of Vienna (from 1 September 2020), seeks highly skilled and ambitious research fellows (‘prae-docs’). Successful candidates will hold a first law degree from any jurisdiction, possess an excellent command of English, and have a basic knowledge of German. Knowledge of other languages […]

Eva Saulnier, ‘Disinheriting Your Children: A “Non” “Non” in France, An Accepted Use of Testamentary Freedom in America’

ABSTRACT Inheritance law or – as called in Europe – private law was developed in the shadow of different historical, social, cultural, and economic circumstances. Consequently, countries adopted various characteristics for the disposition of property at death. But with today’s growing globalization, the national regulations’ differences are becoming a growing issue for multinational families. This […]

Diana Sclar, ‘Choice of Law and the Preponderantly Multistate Rule: The Example of Successor Corporation Products Liability’

ABSTRACT Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, […]

‘Application of the Brussels I bis Regulation ratione materiae, interim relief measures and immunities: Opinion of AG Saugmandsgaard Øe in the case Supreme Site and Others, C-186/19′

“The Hoge Raad Neederlanden (The Dutch Supreme Court), the referring court in the case Supreme Site Service and Others, C-186/19, harbours doubts regarding the international jurisdiction of Dutch courts under the Brussels I bis Regulation, in respect to a request to lift an interim garnishee order …” (more) [María Barral Martínez, Conflict of Laws .net, […]

‘Court of Appeal deals blow to libel tourists’

“England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ‘libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims […]