Category Archives: Conflict of Laws

Digital Rights in Brexit – Changes and Challenges: Institute of Advanced Legal Studies, 22 November 2019

“Whether based on doctrinal analysis, or empirical research, the conference will explore original perspectives on the implications posed by Brexit. This scope covers both the impact on digital rights of an impending Brexit since the 2016 referendum to date, as well as the potential consequences for digital rights on leaving the EU for all individuals […]

‘Out now: Punitive Damages and Private International Law: State of the Art and Future Developments

“The recognition of punitive damages represents a controversial issue in Europe. For many years, due to their conflict with fundamental principles of the lex fori, punitive damages have been found to be in breach of public policy by some European national courts. This has prevented the recognition and enforcement of foreign judgments awarding them, or […]

‘Dieselgate: Germany’s Volkswagen faces first mass lawsuit on home turf’

“Car behemoth Volkswagen will face a German court Monday, as hundreds of thousands of owners of manipulated diesel cars demand compensation four years after the country’s largest post-war industrial scandal erupted. The first hearing in what is likely to be a grinding, years-long trial opens at 10am in Brunswick, around 30 kilometres from VW headquarters […]

‘von Hein, Kieninger and Rühl: How European is European Private International Law?

“Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law, including civil procedure. The resulting substantial legislative unification has been described as the first true ‘Europeanisation’ of private international law, and even as a kind of ‘European Choice of Law […]

Benjamin Hayward, ‘Book Review – The Foundation of Choice of Law: Choice and Equality

ABSTRACT This piece is a book review of The Foundation of Choice of Law: Choice and Equality, by Sagi Peari, published by Oxford University Press in 2018. Peari’s text addresses an important private international law issue – the identification of the governing substantive law – and in doing so, proposes a novel theoretical underpinning for […]

‘Views and News from the 8th Journal of Private International Law Conference 2019 in Munich’

“From 12 to 14 September 2019, the Journal of Private International Law held its 8th Conference at the University of Munich, perfectly hosted and organized by our Munich-based colleague Anatol Dutta. Nearly 150 colleagues gathered from all over the world, amongst them many of the Conflictoflaws.net editors …” (more) [Matthias Weller, Conflict of Laws .net, […]

Franco Ferrari, ‘A new paradigm for international uniform substantive law conventions’

ABSTRACT This paper posits that a paradigm shift has taken place in respect of the way the relationship between private international law and international uniform law conventions is understood. The author shows that recent international uniform law conventions evidence that their drafters do not consider the relationship to be an antagonistic one, but rather one […]

Julian Nyarko, ‘Stickiness and Incomplete Contracts’

ABSTRACT Both economic and legal theory assumes that sophisticated parties routinely write agreements that maximize their joint surplus. But more recent studies analyzing covenants in corporate and government bond agreements have suggested that some contract provisions are highly path dependent and ‘sticky’, with future covenants only rarely improving upon previous ones. This Article demonstrates that […]

‘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 […]