Category Archives: Conflict of Laws

Rennie W, ‘The Tainting Doctrine in Singapore Conflict of Laws’

ABSTRACT In Singapore conflict of laws, the tainting doctrine applies where a contractual claim governed by Singapore law is not itself unenforceable for illegality or public policy, but is sufficiently connected to a transaction which is so unenforceable. However, the mechanism of this doctrine – as articulated in the English Court of Appeal decision of […]

‘Overseas websites and the GDPR’s reach’

“Suppose I run a website in the US. I only have staff and offices there, and my target audience is America. Sometimes punters in the UK read my stuff and even buy the odd thing from my website, but not that much, and I don’t really care if they do or not. Is the territorial […]

‘When data protection authorities dispute jurisdiction under the GDPR “one-stop-shop”: the AG opinion in Facebook Belgium

“Like their comic-book counterparts, the national data protection authorities in EU Member States, given their super regulatory powers by EU legislation, sometimes pause in battling high-tech villains – to fight with each other instead. To resolve such conflicts of jurisdiction, the GDPR created a one-stop-shop system to determine which authority could bring proceedings in principle […]

Ole Aldag, ‘Due Diligence and Environmental Damages Under Rome II’

ABSTRACT Within the European Union, the Rome II Regulation determines the applicable law on cross-border matters of non-contractual nature. The paper examines the applicable law on environmental-related tort claims against European multi-national companies utilizing production facilities in third countries, either based on active misconduct or on alleged omission of environment-related due diligence. As these types […]

‘European Private International Law’

“Geert van Calster has just published the third edition of the book titled European Private International Law: Commercial Litigation in the EU with Hart. The blurb reads as follows: ‘This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the […]

Guillaume Laganière, ‘Local polluters, foreign land and climate change: the myth of the local action rule in Canada’

ABSTRACT This article addresses the jurisdiction of Canadian courts over transboundary pollution. It argues that a tort lawsuit brought by foreign victims of climate change against local greenhouse gas emitters could overcome jurisdictional obstacles, notably the local action rule, and proceed in Canada. The local action rule provides that Canadian courts have no jurisdiction to […]

Saloni Khanderia, ‘Practice does not make perfect: Rethinking the doctrine of “the proper law of the contract” – A case for the Indian courts’

ABSTRACT An international contract calls for the identification of the law that would govern the transaction in the event of a dispute on the matter between the parties. Indian private international law adopts the doctrine of ‘the proper law of contract’ to identify the legal system that will regulate an international contract. In the absence […]

‘Book published: The Vienna Convention in America’

“Iacyr de Aguilar Vieira, Gustavo Cerqueira (eds), The Vienna Convention in America. 40th anniversary of the United Nation Convention on Contracts for the International Sale of Goods / La Convention de Vienne en Amérique. 40eanniversaire de la Convention des Nations Unies sur les contrats de vente internationale des marchandises, Paris : Société de législation comparée, […]

‘The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law’

“Maria Campo Comba just published a book titled: ‘The Law Applicable to Cross-border Contracts involving Weaker Parties in EU Private International Law’ with Springer. The abstract reads as follows: ‘This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the […]

‘Jurisdiction and service out from 1 January 2021: (mostly) back to the usual common law rules’

“Now that the dust has settled, Kristina Lukacova of Monckton Chambers summarises the position in relation to jurisdiction and service out, including in relation to consumer/employment contracts within the scope of the new sections 15A-E of the Civil Jurisdiction and Judgments Act 1982 …” (more) [EU Relations Law, 4 January]