Category Archives: Conflict of Laws

‘A Short History of the Choice-of-Law Clause’

“The choice-of-law clause is now omnipresent. A recent study found that these clauses can be found in 75 percent of material agreements executed by large public companies in the United States. The popularity of such clauses in contemporary practice raises several questions. When did choice-of-law clauses first appear? Have they always been popular? Has the […]

Reza Beheshti, ‘The absence of choice of law in commercial contracts: problems and solutions’

ABSTRACT In a commercial contract with an arbitration clause, the parties may fail to determine any applicable law, in which case the arbitral tribunal is expected to identify the rules applicable to the merits of the dispute. A modern approach suggests that localizing legal issues originated from an international contract is inappropriate and that the […]

‘Section 9 Defamation Act 2013: a difficult burden for Claimants to discharge’

“The decision of Mr Justice Nicklin in Craig Wright v Roger Ver ([2019] EWHC 2094 (QB)) confirms the high hurdle that a claimant must overcome in a defamation case where section 9 of the Defamation Act 2013 applies. Where a defendant in a libel claim is not domiciled in the United Kingdom, another Member State […]

‘The new kid on the block: the HCCH on the Judgments Convention’

“On 2 July 2019 the Hague Conference on Private International Law (HCCH) adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention). It aims to establish – for the future Contracting States – a regime of simplified recognition and enforcement of court decisions …” (more) [Jeroen van […]

‘Save the date and register now for the 2nd Conference on European Private International Law taking place in Aarhus in 2020!’

“Since the entry into force of the Treaty of Amsterdam in 1999, the European Union has adopted an impressive number of regulations in the field of Private International Law. As a result, Private International Law has gradually become a truly European discipline. However, a truly pan-European forum to discuss issues of European Private International Law […]

John Coyle, ‘A Short History of the Choice-of-Law Clause’

ABSTRACT In the field of conflict of laws, private actors are generally granted the power to choose the law to govern their contracts. This is the doctrine of party autonomy. In recent years, this doctrine has been the subject of several excellent histories that draw upon judicial opinions, scholarly writings, and legislative enactments to chronicle […]

‘Conference on the Application of the Succession Regulation in the EU Member States in Katowice’

“On 12 September 2019, the University of Silesia in Katowice (Poland) will host an international conference on the Regulation (EU) No 650/2012 of the European Parliament and of the Council – the Succession Regulation and on the various issues relating to the succession matters within the European area of freedom, security and justice …” (more) […]

‘CJEU confirms that an actio pauliana is a matter relating to a contract: Case C-722/17 Reitbauer et al v Casamassima

“Earlier this week, the Court of Justice of the European Union found that an actio pauliana is subject to jurisdiction in matters relating to a contract, contained in Article 7(1) Brussels Ia (Case C-722/17 Reitbauer). In general terms, the actio pauliana is a remedy that allows a creditor to have an act declared ineffective, because […]

‘A Resurrection of Shevill? – AG Szpunar’s Opinion in Glawischnig-Piesczek v Facebook Ireland (C-18/18)’

“Since the EP-proposal from 2012, the European Union has not shown any efforts to fill the gap still existing in the Rome II Regulation regarding violations of personality rights (Article 1(2)(g)). However, Advocate General Szpunar has just offered some thoughts on the issue in his opinion on the case of Eva Glawischnig-Piesczek v Facebook Ireland […]

‘Jurisdiction, the GDPR and Brussels I’

“How is jurisdiction determined in a claim for breach of the GDPR? We know the rule in Article 79(2) GPDR. But how does that interplay with the ordinary private international law rules of jurisdiction, set out in Brussels I Recast Regulation: Regulation (EU) 1215/2012? What about where the controller seeks to rely on a jurisdiction […]