Category Archives: Conflict of Laws
Liew and Garnett, ‘Trusts Jurisdiction Clauses: An Analysis’
ABSTRACT While jurisdiction clauses, or choice of court agreements, are increasingly utilised in trust deeds, the common law rules which apply to these clauses are far from clear. In comparison to the contractual context, the use of jurisdiction clauses in the trusts context is relatively more recent, and the relevant authorities are sparse. This situation […]
Leslie Katz, ‘In Mrs Gaskell’s Wives and Daughters, were Osborne Hamley and Aimée Scherer Lawfully Married?
ABSTRACT In Wives And Daughters, Osborne Hamley and Aimée Scherer participate in marriage ceremonies both in France and in Germany, possibly followed by a marriage ceremony in England. In this paper, I discuss whether either marriage ceremony conducted on the Continent resulted in a marriage that would have been recognised as valid by English courts. […]
Dario Vicente, ‘The Role of the Brussels I-Bis Regulation in European Private International Law and the Challenges Facing It’
ABSTRACT The 1968 Brussels Convention sought to promote mutual trust between Member States in jurisdictional matters by adopting uniform rules on judicial competence in civil and commercial matters, with a view to implementing a principle of automatic recognition of foreign judgments among them. Such rules could however be formulated only in respect of a limited […]
‘The CISG and Choice-of-Law Clauses’
Although the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been in force for over 35 years, there is still scholarly disagreement as to how this treaty interacts with choice-of-law clauses (see, eg, the discussion on this blog: Coyle, Brand and Flechtner, Hayward and Lal). In principle, there seems to […]
Mark Addey, ‘Conflict of Laws: Choice of Law Theories in Tort’
ABSTRACT Conflict of laws arises when various legal systems intersect, typically involving laws from different jurisdictions. The interactions between people in areas such as employment, trade, and marriage, spanning different countries, often require the application of legal principles and regulations that originate from jurisdictions other than the one where a particular case is being adjudicated. […]
‘Forum Selection Agreements as Indicators of Implied Choice of Law’
In a recent article, I explore what should be globally significant in a forum selection agreement as an indicator of the implied choice of law when the agreement omits a choice-of-law clause. This topic is in itself a very old one, dating back to the late 19th century when English judges in Hamlyn and Co […]
Chukwuma Okoli, ‘The significance of a forum selection agreement as an indicator of the implied choice of law in international contracts: a global comparative perspective’
ABSTRACT Where the parties to an international contract fail to specify the choice of law, a forum selection agreement is one of the most, if not the most, significant factors to consider in implying the choice of law in many international, supranational, regional instruments, and national jurisdictions. However, it is an ill-defined, notoriously complex, and […]
Gabriel Chigozie Ezeh, ‘Law and Practice of Transfer of Property in Conflict of Laws’
ABSTRACT This paper aims at evaluating the law of transfer of property in conflict of laws. This entails the discussing the categorization of property generally applicable in law and the position that Courts of competent jurisdiction will take in deciding cases of transfer of property in event of conflict of laws. In order to achieve […]
Thomas Gallanis, ‘Trusts and the Choice of Law: What Role for the Settlor’s Choice and the Place of Administration?’
ABSTRACT In modern trust practice, a settlor often seeks to create a trust to be governed by the law of and administered in a jurisdiction that is not the settlor’s domicile or residence. The settlor does this by specifying the governing law in the terms of the trust and locating all or part of the […]
John Coyle, ‘Financial Hardship and Forum Selection Clauses’
ABSTRACT The US Supreme Court has long held that a forum selection clause should not be enforced when a trial in the chosen forum would be ‘so gravely difficult and inconvenient’ that the plaintiff ‘will for all practical purposes be deprived of his day in court’. The financial status of the plaintiff is obviously a […]