Category Archives: Conflict of Laws

‘New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45′

“On appeal from: [2020] EWCA Civ 996. The Supreme Court dismissed the appeal. In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they […]

Negotiation-Based Choice of Law Rule For Contract Formation Event: Webinar, 10 November 2021

“What law should govern the formation of international contracts? Common law courts have long been fixated on two choices – the putative proper law or the law of the forum – despite those choices being consistently criticised for perpetuating logical circularity and forum shopping respectively. This lecture dissects and critiques Mance LJ’s judgment in Solomon […]

‘Italian Supreme Court rules on recognition and enforcement of a foreign judgment even if preceded by a worldwide freezing injunction’

“In a judgment rendered on 16 September 2021, the Italian Supreme Court (Corte di Cassazione) reversed a decision from the Court of Appeal of Rome, which had denied recognition and enforcement of a monetary judgment issued by the Royal Court of Guernsey, due to a breach of the fundamental rights of defence allegedly occurred in […]

Eben Nel, ‘Estate Planning and Wills Across Borders: Sometimes a Quagmire in the Making’

ABSTRACT In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due […]

Maggie Gardner, ‘Deferring to Foreign Courts’

ABSTRACT Federal judges have too many options for deferring to foreign courts, none of them particularly good. Not only have judges developed at least five different bases for declining to hear transnational cases, but the acceptance and formulation of these bases also varies significantly from circuit to circuit. The courts of appeals have split over […]

‘Study Rome II Regulation published’

“The long-awaited Rome II Study commissioned by the European Commission, evaluating the first ten years of the application of the Rome II Regulation on the applicable law to non-contractual obligations, has been published. It is available here. The Study was coordinated by BIICL and Civic and relies on legal analysis, data collection, a consultation of […]

‘Tulane/ACTEC Symposium on Conflict of Laws in Trusts and Estates’

“Tulane University School of Law and The American College of Trust and Estate Counsel’s Legal Education Committee are organizing the 9th academic symposium financially supported by The ACTEC Foundation. The symposium, Conflict of Laws in Trusts and Estates will be held at the Tulane University School of Law on Friday, October 21, 2022. The keynote […]

Mark Wilde, ‘Extraterritorial liability of parent company for the torts of its subsidiary’

INTRODUCTION This important new case, on the liability of parent companies in multinational groupings for the torts of their subsidiaries, stems from long running disputes regarding oil spillages and pollution arising from Shell’s oil exploration and abstraction activities in the Niger Delta region of Nigeria. Shell has a long history of oil exploration in the […]

Mukarrum Ahmed, ‘Private International Law and Substantive Liability Issues in Tort Litigation against Multinational Companies in the English Courts: Recent UK Supreme Court Decisions and Post-Brexit Implications’

ABSTRACT This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. […]

Borchers, Freer and Arthur, ‘Ford Motor Company v Montana Eighth Judicial District Court: Lots of Questions, Some Answers’

ABSTRACT In Ford Motor Company v Montana Eighth Judicial District Court, the Supreme Court handed down its seventh personal jurisdiction decision in the last ten years. Ford – involving two consolidated state-court products liability suits alleging defects in the defendants’ cars that injured forum-state residents in their home states – is the only case in […]